Our client, a Yemeni national, entered the US in the 1980's on a J-1 visa which was subject to the 212(e) 2-year home residency requirement. He did not fulfill the requirement, and instead re-entered the US in H-1B status. His employer filed an I-140 for him, which was approved, and when our client filed for adjustment of status, both his and his wife's cases were denied based on having not fulfilled the 212(e) 2-year home residency requirement. Client then filed a waiver of the 2-year home residency requirement based on the hardship that his 5 US citizen children would face if he had to return to Yemen. USCIS denied the waiver, and so client came to us to file the appeal. Sunny filed the appeal and submitted additional evidence of the country conditions of Yemen, but more importantly, a psychological report from our client's son, who had experienced a traumatic incident when having last visited Yemen. Had client's waiver been denied, client's son would have had to return to Yemen, and so USCIS found this evidence compelling enough to reverse USCIS's denial and approve the J-1 waiver based on hardship. The US State Department agreed, and so client's green card applications have since been approved.
