J1 Hardship Waiver 2021-2022 Timeline

[Magnet 12]

3 hours ago, asevstr said:

A couple of more recent ones.

 

371 Days

 

357 Days

Another one

 

[Resonance20 3]

Finally feels like a huge weight has been lifted !  The whole process has taken more than 3 years. Applied Jan 2021- USCIS received May 2021- RFE- Forwarded to DOS in March 2022- I612/613 received in DOS website December 2022- FR Jan 2024. 

 

This 2 year wait at the DOS has been one of the most frustrating processes. The group, however, has been very helpful and I wish everyone the best. 

[nmanc33 8]

11 hours ago, lennikov said:

They did not. Gov Sponsor cases take 24+ months since the request for sponsor views takes 6-12 months (not necessarily reflected in the online status, as DOS frequently updates the case in bulk, i.e., my documents were sent at different time points, yet they all showed up in the system on the same date). The sponsor's view requirements have poor approval odds because regardless of the actual hardships, that is recognized by USICS and probably would be recognized by DOS. Still, as soon as the Sponsor says "No" without reading the documents, the DOS closes the case with NFR. The sponsor doesn't need to justify their position or consider what hardships they cause to the person who was foolish enough to take any money from them. The overworked clerk in some governmental agency saves an hour of his/her work day by quickly clicking "no" without even reading the document package since there is no consequence for him/her to say "no." Still, in theory, there might be if he/she clicks "yes" without figuring out the case. Again, we don't even know what is precisely sent to the sponsor or, in many cases, who the sponsor is. For instance, many J-1s come from scientific positions. Is the sponsor an NIH that provided the grant to the PI to hire a J-1 postdoc? Or the sponsor in the host Institution that the PI and postdoc worked at? I don't have a clear answer to it. 

If this theory is true, that they just say "no" to save time, that was be misleading the waiver title itself. Incompetent and technically fraud for taking a citizens money without doing the work, but wasting thousands of dollars of its citizens and in many cases I'm sure, hundreds of hours wasted of the person going through hardship and one can argue that it made their hardship even worse.

[asevstr 20]

First February 2023 that I have seen.  350 Days.  Not mine but mine is same date.

 

But at the same time I am also seeing a lot of cases from 2022 back from May and on still pending

 

[Sabina Bart 28]

1 minute ago, asevstr said:

First February 2023 that I have seen.  350 Days.  Not mine but mine is same date.

 

But at the same time I am also seeing a lot of cases from 2022 back from May and on still pending

 

I just tracked that case too, crazy that they skipped you are right still some of 2022 and there are still some Jan 2023 (mine is January 2023 btw). What’s going on not sure. Is anyone going to email them or try to figure this out through congressman? I think I am going to give it a shot! It’s not fair to move to February when there are a few cases left from 2022 and January 2023. 

[Wyboxcx 45]

2 hours ago, asevstr said:

First February 2023 that I have seen.  350 Days.  Not mine but mine is same date.

 

But at the same time I am also seeing a lot of cases from 2022 back from May and on still pending

 

This is crazy. they claim that they process them on a first come first serve basis but this is clearly not the case!! So unfair to those unlucky ones who have to wait years for a decision. This is the definition of “capricious and arbitrary “ that US immigration law sets. Grounds for a lawsuit if you ask me. 

[Sabina Bart 28]

4 minutes ago, Wyboxcx said:

This is crazy. they claim that they process them on a first come first serve basis but this is clearly not the case!! So unfair to those unlucky ones who have to wait years for a decision. This is the definition of “capricious and arbitrary “ that US immigration law sets. Grounds for a lawsuit if you ask me. 

Question to everyone has anyone done mandamus being on the US government funding? 

[lennikov 34]

4 hours ago, Sabina Bart said:

Question to everyone has anyone done mandamus being on the US government funding? 

It's not a good idea; first, with gov funding, you will not be able to speed up the time it takes for Sponsor views processing, which is an extra 6-12 months simply because Sponsor are outside DOS jurisdiction. Without Sponsor's views, the decision can't be made by DOS regardless of Mandamus. The most likely result is that case after a successful Madamus court ruling, the DOS will file a request for a sponsor's views and then request the court for an extension, which will be granted to DOS because they did what they could and now need to wait for the sponsor's response, so Madamus will get some traction in your case. Next, after 6-12 months of waiting, sponsors usually deny the petition unless it's a life-and-death hardship, i.e., the US citizen with a condition that is likely to die or suffer permanent disability without medical assistance in the US. For example, if you have a child who needs regular dialysis to stay alive, you most likely do get FR from the sponsor.  Governmental departments don't like negative publicity from dead US citizens where they have some involvement. Still, if your reasons are primarily financial ones, i.e., your US citizen spouse will not have a job opportunity in your home country and doesn't speak the language. In 2 years, your family would be ruined by inadequate income and loss of career to the point that you will not be able to afford to return to the US to start life from scratch. In such case of Gov funding, you most likely get NFR even though if you were non-Gov funded, you would likely get FR for financial/emotional hardships. Depending on the sponsor, there is also very inexplicable and random FR and NFR, regardless of circumstances. The hardship cases can't be appealed. We don't know what exact documents are sent to the sponsor and who is representing the sponsor. Therefore there is no responsibility or liability by the sponsor. So, if you have governmental funding, filing for Mandamus is unlikely to speed up the process significantly, and you will likely get NFR at the sponsor stage anyway. The Madamus filing with the attorney costs between $3-5k, which is a significant sum of money that probably will not improve your situation or dramatically improve the waiting time. Overall, it's more of diminishing returns of Madamus filing, the longer you have waited the less improvement of the waiting time you get. I don't believe I have seen a case that had more than three years of waiting time (please correct me if I'm wrong), so eventually, you will get a decision. So overall, people usually do not file Madamus in case of Gov funding because, in the worst case scenario, you spend ~$5,000 on hardships filing, ~$3,000-5,000 on mandamus, still wait about 2-2.5 years and get absolutely nothing in the end but have $8,000-10,000 less. Also, if your case takes closer to 2 years, it is likely to be prepared to get NFR and explore other options to resolve your 2YHR as it is somehow considered difficult to DOS, so it was not processed in the order it was received, it's a speculation rather than a fact, but there is a clear tendency for NFR cases to take at least 12-15 months longer to decide than FR. 

[lennikov 34]

I have a question for those who fulfilled 2YHR. What does the immigration process look like what do you file after 24 months are cleared and how long does it take? Do you file for an immigrant visa and what sort of evidence is required of your stay in your home country? Also if you have the hardship case and fulfilled the 2YHR did it just get voided, what happens with the case? i.e. you received FR, but you have already finished your 2YHR. 

[Sabina Bart 28]

22 minutes ago, lennikov said:

It's not a good idea; first, with gov funding, you will not be able to speed up the time it takes for Sponsor views processing, which is an extra 6-12 months simply because Sponsor are outside DOS jurisdiction. Without Sponsor's views, the decision can't be made by DOS regardless of Mandamus. The most likely result is that case after a successful Madamus court ruling, the DOS will file a request for a sponsor's views and then request the court for an extension, which will be granted to DOS because they did what they could and now need to wait for the sponsor's response, so Madamus will get some traction in your case. Next, after 6-12 months of waiting, sponsors usually deny the petition unless it's a life-and-death hardship, i.e., the US citizen with a condition that is likely to die or suffer permanent disability without medical assistance in the US. For example, if you have a child who needs regular dialysis to stay alive, you most likely do get FR from the sponsor.  Governmental departments don't like negative publicity from dead US citizens where they have some involvement. Still, if your reasons are primarily financial ones, i.e., your US citizen spouse will not have a job opportunity in your home country and doesn't speak the language. In 2 years, your family would be ruined by inadequate income and loss of career to the point that you will not be able to afford to return to the US to start life from scratch. In such case of Gov funding, you most likely get NFR even though if you were non-Gov funded, you would likely get FR for financial/emotional hardships. Depending on the sponsor, there is also very inexplicable and random FR and NFR, regardless of circumstances. The hardship cases can't be appealed. We don't know what exact documents are sent to the sponsor and who is representing the sponsor. Therefore there is no responsibility or liability by the sponsor. So, if you have governmental funding, filing for Mandamus is unlikely to speed up the process significantly, and you will likely get NFR at the sponsor stage anyway. The Madamus filing with the attorney costs between $3-5k, which is a significant sum of money that probably will not improve your situation or dramatically improve the waiting time. Overall, it's more of diminishing returns of Madamus filing, the longer you have waited the less improvement of the waiting time you get. I don't believe I have seen a case that had more than three years of waiting time (please correct me if I'm wrong), so eventually, you will get a decision. So overall, people usually do not file Madamus in case of Gov funding because, in the worst case scenario, you spend ~$5,000 on hardships filing, ~$3,000-5,000 on mandamus, still wait about 2-2.5 years and get absolutely nothing in the end but have $8,000-10,000 less. Also, if your case takes closer to 2 years, it is likely to be prepared to get NFR and explore other options to resolve your 2YHR as it is somehow considered difficult to DOS, so it was not processed in the order it was received, it's a speculation rather than a fact, but there is a clear tendency for NFR cases to take at least 12-15 months longer to decide than FR. 

I know couple people from Fulbright they got their FR -15 months Max, but again each case is different. I wonder if they regard disability cases somehow and what happens if someone is out of status and if they get denied they are barred for 10 years, this is very very bad. So not sure if they even review these areas. 

[nmanc33 8]

3 hours ago, Sabina Bart said:

I know couple people from Fulbright they got their FR -15 months Max, but again each case is different. I wonder if they regard disability cases somehow and what happens if someone is out of status and if they get denied they are barred for 10 years, this is very very bad. So not sure if they even review these areas. 

15 months including USCIS?

[J1hardshipwaiverg 3]

11 hours ago, nmanc33 said:

If this theory is true, that they just say "no" to save time, that was be misleading the waiver title itself. Incompetent and technically fraud for taking a citizens money without doing the work, but wasting thousands of dollars of its citizens and in many cases I'm sure, hundreds of hours wasted of the person going through hardship and one can argue that it made their hardship even worse.

The reason why they keep taking so long at DOS level is because they are seeing that we are really silent about it 

[Sabina Bart 28]

45 minutes ago, nmanc33 said:

15 months including USCIS?

No excluding USCIS. 

43 minutes ago, J1hardshipwaiverg said:

The reason why they keep taking so long at DOS level is because they are seeing that we are really silent about it 

Agree! 

[lennikov 34]

23 hours ago, nmanc33 said:

this theory is true, that they just say "no" to save time, that was be misleading the waiver title itself. Incompetent and technically fraud for taking a citizens money without doing the work, but wasting thousands of dollars of its citizens and in many cases I'm sure, hundreds of hours wasted of the person going through hardship and one can argue that it made their hardship even worse.

There is no way to prove it. They would always say something “Careful consideration is given for each individual case”. But if you see how negligent are bureaucrats are across the country institutions I would not be surprised at all. You can’t even tell if you have government funding until you see request for sponsor views is send by DOS. You might think you have it and it’s never send and decided without sponsor views or you may think you don’t have it and then see the sponsor views are send. 

[nmanc33 8]

2 hours ago, lennikov said:

There is no way to prove it. They would always say something “Careful consideration is given for each individual case”. But if you see how negligent are bureaucrats are across the country institutions I would not be surprised at all. You can’t even tell if you have government funding until you see request for sponsor views is send by DOS. You might think you have it and it’s never send and decided without sponsor views or you may think you don’t have it and then see the sponsor views are send. 

I absolutely see your point. At the end, we're all people and we realize what is hardship and what is not. I just believe there is a lot of "scare" in hardship cases, especially when it comes to government funding, but overall, there overall denial rate for exceptional hardship cases are not high (I think less than 5% per year the last few years). Likely, and this is just a guess, the denials come from lack of documentation and proof.

 

Even though I have spoken to an attorney that has said it doesn't matter if it was $1 or $1,000,000, they look at the case as government funding only - which I still have a hard time believing this is such a thing, other than to cause fear to get one's business. Maybe they tread more carefully if the funding is more than tens of thousands of dollars, but it wouldn't make any sense to harm their citizen over a few dollars or thousands of dollars (as long as their is legitimate exceptional hardship).

 

At the end of the day, the US government is here to protect its citizens and their well being - if all documentation is given for proof, there is no reason for a denial.