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Muhammad369

JI HARDSHIP / PERSECUTION WAIVER

By Muhammad369 in Student & Exchange Visitor Visas

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Muhammad369 Rookie

Muhammad369   1

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Filed: Citizen (pnd) Country: Pakistan
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6 minutes ago, KurosawaSan said:

That is absolutely not true. You are not conferred any immigration status while you wait for the waiver. You need to consult an attorney who specializes in J-1 waivers. 

 

The bad scenario you are risking is this - if the waiver is denied, you can't file for AOS, which means the only option would be going back and fulfilling the rule. Once you're out of the US, you will be slapped with a ban for overstay, which will complicate your process even more because then you can't return to US for 2 years, and will need to start to apply for another waiver (which is not guaranteed). 

 

Please, please get a second opinion. I will reiterate - once the date in your I-94 expires, you will be out of status and the fact that you are waiting for a waiver does not extend that status.

 

i called a really good lawyer, its ranchod law group. the main attorney director of the firm contacted me after booking consultation. he said it will be no issue coz i am married to a USC.

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KurosawaSan Explorer

KurosawaSan   52

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Filed: F-1 Visa Country: Japan
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1 minute ago, Muhammad369 said:

i called a really good lawyer, its ranchod law group. the main attorney director of the firm contacted me after booking consultation. he said it will be no issue coz i am married to a USC.

You need a second opinion, regardless of what firm you contacted first. This attorney clearly does not understand that the waiver is not guaranteed and just the fact that you are married to a USC means nothing if you have a 2YHRR hanging over your head.

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Kastrs Experienced

Kastrs   723

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Filed: Citizen (pnd) Country: Pakistan
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2 hours ago, milimelo said:

What country of origin is the OP from? 

Pakistan is what he has listed, although that should not matter much for the purposes of a waiver/2 year home stay requirement 

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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piste Contributor

piste   24

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Filed: IR-1/CR-1 Visa Country: Germany
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7 hours ago, Muhammad369 said:

i called a really good lawyer, its ranchod law group. the main attorney director of the firm contacted me after booking consultation. he said it will be no issue coz i am married to a USC.

Their adline is:  The Ranchod Law Group, immigration legal assistance for hardship waivers ... Immigration attorneys in California with offices in Sacramento and Santa Clara ..

 

The website has few dates listed on it, formation, history, the team is small as well so not a "Practice specialist" as many points are for a generalist.  

 

Compare to others:

http://www.jeffries-law.com/stephen-d-jeffries.html

http://www.jvisawaiver.com/Practice-Areas/Persecution-Waiver.shtml

 

Lawyers can be good and bad and you need to tell them your budget.

 

 

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Muhammad369 Rookie

Muhammad369   1

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Filed: Citizen (pnd) Country: Pakistan
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1 hour ago, piste said:

Their adline is:  The Ranchod Law Group, immigration legal assistance for hardship waivers ... Immigration attorneys in California with offices in Sacramento and Santa Clara ..

 

The website has few dates listed on it, formation, history, the team is small as well so not a "Practice specialist" as many points are for a generalist.  

 

Compare to others:

http://www.jeffries-law.com/stephen-d-jeffries.html

http://www.jvisawaiver.com/Practice-Areas/Persecution-Waiver.shtml

 

Lawyers can be good and bad and you need to tell them your budget.

 

 

 

I am highly unsure as to I invest the attorney fee and everything or  should I go back , coz my financial background is very low. I dont know what other way is to handle this situation, ONE MORE QUESTION. HOW MANY WEEKS NORMALLY OR PRIOTIY IT TAKES TO HEAR BACK FROM THE DOS ON THE WAIVER DECISION ???

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WI_CA Enthusiast

WI_CA   51

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Filed: Citizen (apr) Country: Egypt
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Posted (edited)

Muhammad369
 

Why do you have the 2 year rule? 

Are you a physician?

 

I went through a NOS waiver recently and was looking into the other waivers before I did. The waivers you are looking at usually take 6-12 months before you get a decision. Not to mention that might get denied, which means you will have to leave the country immediately. 


Proving prosecution is a very lengthy way to take, and you could have done it from long before you got married if you could have really proven it.

 

The option of hardship is not easy either; you need to show financial/medical hardship to the USC to have it considered. Mere separation is not a hardship and you might get a response like: she can go back to Pakistan with you.


Since your visa expires soon, you might be in a tight position. Extending your visa for 1 more year- if possible- might be your best option atm.

 

If you are a physician, then interested government agency or Conrad 30 waivers are the way to go for you.

 

As suggested above, you need to consult a good lawyer whose expertise is in the field of waivers exclusively. Show him your cards, and get a solid response. Let him/her explain to you how they are going to do it.

 

Best of luck

Edited by WI_CA

 

 

J1 Waiver Timeline- No-Objection Statement

  • Statement Of Reason Received October, 11 2016
  • Passport Data Page Received October, 11 2016
  • Form DS-2019 Received October, 11 2016
  • Form DS-3035 October, 11 2016
  • Fee Received October, 11 2016
  • No Objection Statement Received November 07, 2016
  • Incomplete Information Letter Sent November 08, 2016
  • Change of Address Received November 09, 2016
  • No Objection Statement Received November, 25 2016
  • Department of State Decision: Favorable Recommendation. Date Recommendation Sent November, 30 2016
  • USCIS NOA December 13, 2016 - Dated December 6, 2016
  • USCIS NOA - approval - March 21, 2017 - Dated March 13, 2017 (Waiver Journey Done)
AOS FROM J-1 (Married Jan 04, 2016)
  • Day xx - Dec-10-2016 Package sent
  • Day 00 - Dec-12-2016 - AOS Package Delivered [Chicago Lockbox]
  • Day 09 - Dec-21-2016 - Checks Cashed
  • Day 11 - Dec-23-2016 - electronic NOAs X4!!! (12:30 am) email and text notifications
  • Day 15 - Dec-27-2016 - NOAs in the mail; Dated 12/22/2016
  • Day 26 - Jan-07-2017 - Biometrics letter for 1/18/2017
  • Day 28 - Jan-09-2017 - Successful walk-in for biometrics (Cleveland USCIS)
  • Day 29 - Jan-10-2017 - RFIE (I-864)
  • Day 45 - Jan-26-2017 - RFIE response sent 
  • Day 49 - Jan-30-2017 - RFIE delivered to USCIS @ Lees Summit, MO
  • Day 50 - Jan-31-2017 - RFIE response received by USCIS (case update)

  • Day 100 - March -22-2017 - EAD card being produced (4 text msgs!!)

  • Day 105 - March -27-2017 - EAD & AP approval notices in the mail

  • Day 107 - March-29-2017 - EAD & AP mailed to me

  • Day 110 - April-01-2017 - EAD/AP combo card received

  • Day 171 - June-01-2017 - request change address to Pittsburgh, PA

  • Day 319 - Oct - 27 - 2017 - Interview notice for November 30

  • Day 353 - Nov - 30 - 2017 - Interview date. Approved on the spot.

  • Day 361 - Dec - 08 - 2017 - Approval notice in the mail, dated 12/4/2017. USPS update later showing GC picked

  • Day 362 - Dec - 09 - 2017 - GC in the mail. 

 
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Muhammad369 Rookie

Muhammad369   1

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Filed: Citizen (pnd) Country: Pakistan
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Just now, GreatDane said:

Is the OP married to a USC? It hasn't been directly addressed.

Yes i am married to  USC. 

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GreatDane Rising Star

GreatDane   366

Posted
Filed: Lift. Cond. (pnd) Country: Denmark
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Just now, Muhammad369 said:

Yes i am married to  USC. 

Great - I just wanted to be sure :) Otherwise, it's a completely different approach.

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Mily90 Enthusiast

Mily90   8

Posted
Country: Guatemala
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23 hours ago, Ben&Zian said:

Have your USC spouse file the I-130 for AOS and once you receive the NOA from them receiving the petition you are granted a legal status to remain in the US......

 

http://www.visajourney.com/content/i130guide2

 

Do you have a 2 year home stay rule for the J-1 you are on? That you may need to get a waiver for but that is really all.

no not true someone was caught by ICE while having the NOA it clearly says this does not grant immigration status

K1 approved 06/13/2013

AOS approved 02/12/2014
ROC approved 09/14/2016

DIVORCED 01/10/2020

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