J1 Hardship Waiver 2021-2022 Timeline

[Sabina Bart 28]

13 hours ago, J1 Physician said:

Finally:D

Congrats! Did you expedite? This is the fast processing!!

[extreme_hardship 22]

Not mine, but very sad.

[J1hardshipwaiverg 3]

I see the ones with sponsor views are getting a denial unfortunately don't understand what's going on 😭

[lennikov 34]

On 1/3/2024 at 2:42 PM, Hocus said:

Do you think they will start my time from the day the DS3035 is changed to received? 

Yes, that is why it is essential to check with your attorney that everything is filed correctly. It is also the reason why you see people complaining for 3+ years waiting but if you look at their case page their DS3035 was submitted only a year ago. DOS will send you an incomplete information letter around the time they are supposed to review your case, but then put it back to the end of the pile. 

[lennikov 34]

I think the most frustrating part of the DOS wait is the complete lack of a clear picture of where the decision can be made for any individual case. One thing is to wait a specific number of months, but waiting for a decision that can be made tomorrow or in a year is very difficult. If the cases were processed according to the submitted dates, we at least could have some estimate, "OK, DOS is now working on cases submitted in October-November 2022," but this is not true. We have cases that were submitted much earlier, i.e., January 2023 getting decisions and cases that were submitted in January 2022 getting decisions. 

[J1hardshipwaiverg 3]

My us government funding was only $9,000 and duration of my program was 22 days and I already have spent year and three months from the two years home residency requirement, I was a minor during the program and program was about high school nonprofit work. I have a pending j1 hardship waiver that was approved by USCIS and was transfered to DOS. Also forgot to add that I'm out of status at the moment and if I go back to fulfill the remaining 9 months, I'll face the 10 years bar. Form these factors that I have do they play a part in the approval of my case with dos  or no? 

[lennikov 34]

On 1/7/2024 at 12:39 AM, J1hardshipwaiverg said:

My us government funding was only $9,000 and duration of my program was 22 days and I already have spent year and three months from the two years home residency requirement, I was a minor during the program and program was about high school nonprofit work. I have a pending j1 hardship waiver that was approved by USCIS and was transfered to DOS. Also forgot to add that I'm out of status at the moment and if I go back to fulfill the remaining 9 months, I'll face the 10 years bar. Form these factors that I have do they play a part in the approval of my case with dos  or no? 

While it’s very unfair to face this challenges because of 22 days exchange program. I don’t think the waiver even when approved will do anything for you at this point. If you are out of status the waiver will not help you anymore as it will not resolve your illegal immigrant status. You should have left the country when you run out of status and by now you would be 7 months away from your green card regardless of the waiver. Now you are deportable illegal immigrant with 10 years entry ban. This was your choice in my opinion very poor choice unless returning home country would mean certain incarceration or risk of life if that wound be the case it’s unclear why you did not file for fear of prosecution waiver? I do feel sorry for your situation but I don’t see reasonable solution to it. Hire a good immigration atterney and file I don’t know humanitarian and compassionate grounds but if you loose the case you will be deported and banned from entry. 

[nmanc33 8]

1 hour ago, lennikov said:

While it’s very unfair to face this challenges because of 22 days exchange program. I don’t think the waiver even when approved will do anything for you at this point. If you are out of status the waiver will not help you anymore as it will not resolve your illegal immigrant status. You should have left the country when you run out of status and by now you would be 7 months away from your green card regardless of the waiver. Now you are deportable illegal immigrant with 10 years entry ban. This was your choice in my opinion very poor choice unless returning home country would mean certain incarceration or risk of life if that wound be the case it’s unclear why you did not file for fear of prosecution waiver? I do feel sorry for your situation but I don’t see reasonable solution to it. Hire a good immigration atterney and file I don’t know humanitarian and compassionate grounds but if you loose the case you will be deported and banned from entry. 

If they are married to a USC on a legitimate basis, the waiver will make all the difference - with or without status. If I understood it correctly, the bar is forgiven when it comes to adjustment of status when married to a USC - if they aren't, then the I-612 waiver becomes useless.

 

Please correct me if I'm wrong!

[lennikov 34]

7 minutes ago, nmanc33 said:

If they are married to a USC on a legitimate basis, the waiver will make all the difference - with or without status. If I understood it correctly, the bar is forgiven when it comes to adjustment of status when married to a USC - if they aren't, then the I-612 waiver becomes useless.

I believe you are correct in your assessment of this situation. However, I must point out that it is pretty reasonable to fulfill nine months of 2YHR and return as a GC holder rather than overstaying unless again returning is associated with the risk of death or prosecution, in which case there is a much faster waiver to go for. It is unclear from the post that J1hardshipwaiverg is a spouse of USC.  

Edited January 8 by lennikov

[nmanc33 8]

4 minutes ago, lennikov said:

I believe you are correct in your assessment of this situation. However, I must point out that it is pretty reasonable to fulfill nine months of 2YHR and return as a GC holder rather than overstaying unless again returning is associated with the risk of death or prosecution, in which case there is a much faster waiver to go for. It is unclear from the post that J1hardshipwaiverg is a spouse of USC.  

I agree with you - however, there are moments in life where you don't plan to fall in love or an attorney does wrong doing and complicates a situation... or any other situation.

This also goes to show that these two laws are conflicting.

[J1hardshipwaiverg 3]

Hello, yes my spouse is a US Citizen and our hardship case is pending at DOS level after approval from USCIS. I was a minor during the program I was only 16 years old then went back to my homecountry and stayed for a year and 3 months then came back still at the age of 17 years old which is still technically a minor, with that age came back on a tourist visa and never went back to my home country since then. So the 10 years bar is technically exacerbating my hardship because it's not only 9months left it's 10 years bar

[MC2023 2]

On 12/31/2023 at 2:44 PM, Marix21 said:

Hey everyone! My case was approved this past Wednesday! Now wondering how long does it take to USCIS to send their final decision:)

thanks 

Hello! My FR was sent last 28th of December. Did you receive your approval from USCIS? or still waiting for it?

Thanks!

[PJAW 18]

4 hours ago, nmanc33 said:

If they are married to a USC on a legitimate basis, the waiver will make all the difference - with or without status. If I understood it correctly, the bar is forgiven when it comes to adjustment of status when married to a USC - if they aren't, then the I-612 waiver becomes useless.

 

Please correct me if I'm wrong!

I suspect (just a guess), that DOS as a matter of routine does not grant FR for hardship waivers for people who are not in status.  I'd be curious if anyone on this forum has been granted a j1 hardship waiver after having overstayed a visa, for example.  So I worry that some people think they can overstay while waiting for a waiver because they will eventually be forgiven in their adjustment of status, but they may never get the waiver.  Bottom line, as a general rule avoid getting out of status if at all possible.  

[Sabina Bart 28]

12 minutes ago, PJAW said:

I suspect (just a guess), that DOS as a matter of routine does not grant FR for hardship waivers for people who are not in status.  I'd be curious if anyone on this forum has been granted a j1 hardship waiver after having overstayed a visa, for example.  So I worry that some people think they can overstay while waiting for a waiver because they will eventually be forgiven in their adjustment of status, but they may never get the waiver.  Bottom line, as a general rule avoid getting out of status if at all possible.  

Not true, and stop scaring people around we all have different situations. If some of you were able to stay on status good for you! We are all different with our own lives.

I personally know someone who was Fulbright and stayed here was out of status and applied for a hardship waiver for her daughter not even US spouse she was not even married, she got it! So many people here who unfortunately due to their country’s conditions and situations have to stay some cannot even extend their passports. Not all countries are willing to welcome you with open arms like some of your countries here… sometimes I wonder and compare country’s conditions and if i am sure someone was from a country where conditions are not bad and they speak English, the country is not authoritarian, humans rights mean something my question to those people why the heck you won’t then go back for two years? That being said stop judging! People are all different and world is dark and cruel. I wish happiness to everyone and stop spitting negativity.  

Edited January 8 by Sabina Bart

[Wyboxcx 45]

I think the main issue is not whether someone ended up overstaying or not, it is the absurd amount of time hardship waiver cases are taking to be processed. Most of the time the lengthy delays cause people to lose status as visas expire and they’re still waiting for a decision for years now.