Philippine J1 Spouse and Military DA: An Unexplored Option

The J1 Visitor Exchange visa program has a high number of Philippine Citizens, with the Philippines ranking in the Top 20 countries in the fields of J1 Teachers, J1 Intern of Hotel and Hospitality Management, and J1 Trainees.
The Philippines is also one of a few countries that no longer aims to provide a J1 Waiver through the No Objection Statement Waiver process (a waiver option that was very accessible until the 2020 Moratorium and 2021 Philippine EVP Policy Change). As a result, many Philippine J1 Exchange Visitors (that were/are subject to the 212e Special Skills List) have to pursue either:
- a visa option back in the Philippines (after waiting 2 years) or
- an I-612 Exceptional Hardship (based on the hardship of a US Citizen or Lawful Permanent Resident Spouse or Child).
This article will cover an "uncommon" intersection where a J1 may pursue Military Deferred Action (while the J1 waits for the 2+ year Hardship Waiver to be approved).
Obvious Requirement:
The J1 must either be married to or be the parent of a US Citizen that is in the US Military as an:
- Active Duty
- Reservist
- Veteran
If this relationship requirement is met, then the J1 must meet a few other criteria:
- Overstay a J Visa (to qualify for Military DA, the J1 either intentionally or unintentionally must become "Out of Status.")
- Not be in another status in the US, such as a tourist or Green Card applicant
- Service Member must have served honorably or continue to serve honorably
- J Visa Holder MUST have a game plan on what comes next (after the Military DA)
Our office is discussing this topic as it is commonly overlooked by BaseLegal or other immigration law firms. Military DA can work simultaneously with a J1 Waiver process. Military DA can help keep a J Visa Holder safe from deportation and may even permit Employment Authorization, a Driver's License, and Health Insurance (common necessities for J Visa Holders when a J Visa expires).
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