J1 Hardship Waiver 2021-2022 Timeline

[Mickey344 12]

33 minutes ago, Wyboxcx said:

You can apply again but you will lose your money ($1400) and if you are working on the EAD based on adjustment you will also lose that EAD. 

The other worst nightmare is that you may also be slapped with a misrepresentation knowing very well that you don’t qualify to adjust your status based on USCIS manual but went ahead to do so for an EAD. That may put you in a difficult situation unless you apply for another waiver to remove that. So the best scenario is to wait but then it’s up to you. 

[Wyboxcx 45]

5 hours ago, DrFood said:

It is infact a complicated situation. However, if i am the only provider to my family and cannot work, isn’t that a hardship on a us citizen and a child? Assuming wife has a valid reasons not to work.

Oh I agree with you. If only the State Department would agree with hardship applicants and decide these cases faster. These ridiculously long waits for an application that doesn't in and of itself grant an immigration status is absurd. Unfortunately they don't seem to care much about the additional hardship this situation results in. You should do what you believe is best for your situation, all options are difficult. 

[Wyboxcx 45]

5 hours ago, Mickey344 said:

The other worst nightmare is that you may also be slapped with a misrepresentation knowing very well that you don’t qualify to adjust your status based on USCIS manual but went ahead to do so for an EAD. That may put you in a difficult situation unless you apply for another waiver to remove that. So the best scenario is to wait but then it’s up to you. 

I am curious though if this has actually happened? when filing for a Green card the form asks if you are subject to the 2-year rule and whether you complied or have been granted a waiver and you must answer honestly. So if you answered No how can they say you misrepresented? I mean yeah if you say no you are not eligible for the GG at the time but it's hard to argue you did it to get the EAD. 

[Mickey344 12]

10 minutes ago, Wyboxcx said:

I am curious though if this has actually happened? when filing for a Green card the form asks if you are subject to the 2-year rule and whether you complied or have been granted a waiver and you must answer honestly. So if you answered No how can they say you misrepresented? I mean yeah if you say no you are not eligible for the GG at the time but it's hard to argue you did it to get the EAD. 

So if you answered "no" and don't qualify to adjust your status, why then are you filing the application knowing very well that you don't qualify for the benefit you are asking? I heard the misrepresentation case on an immigration show by one of the famous immigration lawyers in the USA. After the person was denied, it triggered a deportation from USCIS because USCIS realized that the petitioner is now out of status and the case had to go to the immigration court and once you end up in deportation, you will need the judge to terminate the case before you can adjust your status even with approved hardship waiver in hand. I understand that we have all been waiting for a long time with worsened hardships but you have to think through your choices very well with with the help of your lawyer in order not to complicate your situation. 

[Wyboxcx 45]

11 minutes ago, Mickey344 said:

So if you answered "no" and don't qualify to adjust your status, why then are you filing the application knowing very well that you don't qualify for the benefit you are asking? I heard the misrepresentation case on an immigration show by one of the famous immigration lawyers in the USA. After the person was denied, it triggered a deportation from USCIS because USCIS realized that the petitioner is now out of status and the case had to go to the immigration court and once you end up in deportation, you will need the judge to terminate the case before you can adjust your status even with approved hardship waiver in hand. I understand that we have all been waiting for a long time with worsened hardships but you have to think through your choices very well with with the help of your lawyer in order not to complicate your situation. 

I personally am following the advice of the attorneys and not filing for the Green card until I have the waiver in hand. So I agree with you, it’s a major risk. I just was curious about the reasoning for a misrepresentation finding. 

[Mickey344 12]

6 minutes ago, Wyboxcx said:

I personally am following the advice of the attorneys and not filing for the Green card until I have the waiver in hand. So I agree with you, it’s a major risk. I just was curious about the reasoning for a misrepresentation finding. 

I agree with you. It's a tough and painful situation. Hopefully, the pending hardship cases get adjudicated soon so we can move on with our lives. 

[extreme_hardship 22]

Does anyone here know of any approved hardship waiver who was funded through Fulbright ?

[Sabina Bart 28]

10 hours ago, Wyboxcx said:

I personally am following the advice of the attorneys and not filing for the Green card until I have the waiver in hand. So I agree with you, it’s a major risk. I just was curious about the reasoning for a misrepresentation finding. 

I mean situations are different some do apply for GC and it really depends on the officer if they are willing to be flexible and wait, some officers understand that it has nothing to do with us not our fault that DOS is taking forever. I am surprised that congressional inquiries don't help… but also see cases of someone got approved only within 12 months frame. I don't get it. 

9 minutes ago, extreme_hardship said:

Does anyone here know of any approved hardship waiver who was funded through Fulbright ?

Yes earlier this year it took them 15 months only! Not sure if they expedited I think one did, but they didn't care about her expedite, they just processed it. 

[surefire6 13]

On 8/3/2023 at 8:48 AM, Saysono said:

My case has been with DOS since Feb 2022. No update whatsoever. Tried expediting with two different senators offices but no progress whatsoever. 

You may want to look at filing a writ of mandamus. PM me if you want the name of the lawyer I used for Mandamus.

Edited December 2, 2023 by surefire6

[Wyboxcx 45]

1 hour ago, extreme_hardship said:

Does anyone here know of any approved hardship waiver who was funded through Fulbright ?

They have been cases approved with Fulbright. Just check older posts on this forum and pay attention to cases that have”request for sponsor views”

[extreme_hardship 22]

3 minutes ago, Wyboxcx said:

They have been cases approved with Fulbright. Just check older posts on this forum and pay attention to cases that have”request for sponsor views”

 

Thanks. I did see a couple of cases approved that had Sponsor Views, but that doesn’t necessarily mean the sponsor was Fulbright. 

Edited December 2, 2023 by extreme_hardship

[Wyboxcx 45]

1 minute ago, extreme_hardship said:

 

Thanks. I did see a couple of cases approved that had Sponsor Views, but that doesn’t necessarily mean the sponsor was Fulbright. 

Yes, it can be either US government funding or a foreign government funding. There are also some Facebook groups where people shared specifically about their approved Fulbright cases 

[extreme_hardship 22]

10 minutes ago, Wyboxcx said:

Yes, it can be either US government funding or a foreign government funding. There are also some Facebook groups where people shared specifically about their approved Fulbright cases 

Got you. Thanks. Well fingers crossed 🤞🏻 good luck to everyone. 

[DrFood 9]

9 hours ago, surefire6 said:

You may want to look at filing a writ of mandamus. PM me if you want the name of the lawyer I used for Mandamus.

I sent you a PM, can you please check?

 

 

[hardship_wavier21 3]

On 12/2/2023 at 1:28 PM, Wyboxcx said:

Yes, it can be either US government funding or a foreign government funding. There are also some Facebook groups where people shared specifically about their approved Fulbright cases 

Can you please share the name of the Facebook group or the link to the group?