If J2 mom got waived, can J2 kid benefits from J2 mom;s waiver?

[hong668899]

background: J1 dad did not apply for waiver, and went back to home country for 2 years rules and already present in his home country for 2 years. but the kid did not go back to the home country with the J1 dad, but stay with mom in the USA. but J2 mom applied for waiver and got waived.J2 mom is the sole physical and legal custodian.

I know, typically, J2 can benefit from J1 principle's waiver If J1 applies for waiver.

Questions:
1. can J2 kid benefit from J2 mom's waiver?
2. Can J2 kid benefit from J1 dad's waiver based on J1 dad's 2 years-physical presence in his home country even if J2 kid did not go back to the home country with J1 dad?

Thanks

 

[maf2006]

I think they don't need waiver. You are the main applicant.