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Hardship waiver

J1 Hardship Waiver 2021-2022 Timeline

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9 hours ago, Sabina Bart said:

Yay congratulations!! I am happy for you, so basically you waited for 2ish months for this whole process. Man they definitely don't do “first come first serve”, some from 2022 are still pending. 

Thank you. I was so nervous and prepared for a NFR honestly. But I was so sick and tired of the word “pending” that I wanted a decision, any decision at this point. I will never understand why they make us wait between Sponsor views received and Final recommendation. But who knows, I am glad this nightmare is finally over and I can focus on other things. Good luck everyone! i will stay on the forum for a while to offer help if it’s needed. 

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2 minutes ago, Wyboxcx said:

Thank you. I was so nervous and prepared for a NFR honestly. But I was so sick and tired of the word “pending” that I wanted a decision, any decision at this point. I will never understand why they make us wait between Sponsor views received and Final recommendation. But who knows, I am glad this nightmare is finally over and I can focus on other things. Good luck everyone! i will stay on the forum for a while to offer help if it’s needed. 

Well now you can relax! Hopefully we all can move to finally getting our decisions soon. :) Good luck to you!!

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11 minutes ago, lennikov said:

So, your case was with DOS only for about a year because the USICS took a year to deliberate on whether they had provided findings of hardships and Forms I-612 and I-613. My case with DOS for 1.5 years (with another year spent with USCIS) had no apparent activity since the initial submission of 612 and 613, in which all the documents were recorded. On the other hand, DOS sometimes does not post updates on the tracking page, with bulk updates suddenly showing up. But honestly, 1.5 years with no end in sight is a long long time. I'm collecting money for mandamus, but with this economy and family, it is rough, especially with an entirely possible outcome after all of these investments of time and effort can be a simple NFR. 

 

I see a usual document in your stack Letter of representation. Could you tell us more about it? While many of us submit hardships applications through an immigration attorney firm, I have never seen such documents posted by DOS before. 

Yes. In my case USCIS was really brutal. Made me wait 10 months before issuing a ridiculous RFE asking me to submit documents I already sent with my initial application. Then they waited until it was exactly one year to forward it to DOS.

honestly waiting 1,5 years at DOS stage is too much. You definitely need to sue them to get your decision. I was prepared to sue them. I know it is expensive but as a matter of principle they should not be doing this. Some people say “ oh well a waiver is a privilege not a right”. While it is true it’s up to DOS to grant it, they must decide within a reasonable amount of time. That is the law. Excessive delays are happening because these governments bureaucrats are not being challenged to follow the law. 
as for the letter of representation, I am not sure. I guess it’s a different way to register form G-28 in their system. 

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1 hour ago, Wyboxcx said:

Yes. In my case USCIS was really brutal. Made me wait 10 months before issuing a ridiculous RFE asking me to submit documents I already sent with my initial application. Then they waited until it was exactly one year to forward it to DOS.

honestly waiting 1,5 years at DOS stage is too much. You definitely need to sue them to get your decision. I was prepared to sue them. I know it is expensive but as a matter of principle they should not be doing this. Some people say “ oh well a waiver is a privilege not a right”. While it is true it’s up to DOS to grant it, they must decide within a reasonable amount of time. That is the law. Excessive delays are happening because these governments bureaucrats are not being challenged to follow the law. 
as for the letter of representation, I am not sure. I guess it’s a different way to register form G-28 in their system. 

Now I remember I did have the same thing, but I had to wait for 8 months then they issued RFE. Total was 10ish months for them to forward my case to the DOS. I did add though new documents to strengthen my case even more, after they received it, I think it took them 10-11 days to forward. Btw was your hardship case based on the US citizen or kids too? Not sure if you mentioned that earlier. 

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7 hours ago, Sabina Bart said:

Now I remember I did have the same thing, but I had to wait for 8 months then they issued RFE. Total was 10ish months for them to forward my case to the DOS. I did add though new documents to strengthen my case even more, after they received it, I think it took them 10-11 days to forward. Btw was your hardship case based on the US citizen or kids too? Not sure if you mentioned that earlier. 

Just US citizen, No kids 

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18 hours ago, Sabina Bart said:

Now I remember I did have the same thing, but I had to wait for 8 months then they issued RFE. Total was 10ish months for them to forward my case to the DOS. I did add though new documents to strengthen my case even more, after they received it, I think it took them 10-11 days to forward. Btw was your hardship case based on the US citizen or kids too? Not sure if you mentioned that earlier. 

Same thing with my case. With the RFE it was 3 weeks short of a year at the USCIS. They did move the case along fast once they received the RFE.

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After 18 months of waiting, I finally got the first update in my case, "Sponsor views (Received)." Interestingly, no sponsor views were requested on the record but only received. As I had two J-1 visas it is difficult for me to conclude which entity provided the sponsor views. I would presume NIH, but at this point, I don't know. Another thing is that it was received apparently on February 28th, and now we are in mid-April when I got an update to my case file. In many other cases, the decision is usually made within a few weeks after receiving the sponsor's views. I'm unsure what to make out of it or what my decision timeline is considering this development. At this point, I'll be relieved to have any decision to move on from this exceptionally draining situation.

image.thumb.png.98987e57adee818a3d61ce8e98d9eee6.png

Edited by lennikov
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On 4/15/2024 at 10:05 PM, BadAss007 said:

I've seen this online, I've never seen the request doubled up, do you guys think that Congressional inquiries actually work and can speed things up?

Screenshot_20240416-000317.png

Hey we all have the same, it says first Sponsor Views and then Request for Sponsor Views, then that first tab will change into Received, and then only the recommendation. Hang on in there, since they sent it this month you will be waiting for another 2-3 months maybe longer I am not sure for results… unfortunately not sure why it’s slower this time maybe because they requested tons of sponsor views…

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1 hour ago, lennikov said:

And so my watch has ended. It was a pleasure to be a part of this community, and a lot of words of encouragement to me and others on this forum kept me sane over this long period of uncertainty. My case involved 2 J-1 visas that I took in 2014-2015 and second in 2017-2022. It took 560 days, from October 6, 2022, to April 17th, 2024, with ten months extra when the case was at USCIS, so overall, it took me about 28 months from the initial documents being submitted to receiving a Favorable Recommendation. I was able to obtain an O-1 visa and, this way, stay in the US; if I did not have O-1 support, there would only be 5 months left for me to complete the 2YHR if I returned to my home country upon expiration of my J-1 in October 2022. 

 

I used to live with this endlessly pending case, and now I don't know exactly how I feel about it. I suppose it is good that it is over, but honestly, I feel empty. Actually, what happens next? Will the case be returned to USCIS, and will they issue a waiver? Then, with a waiver attached, I can file for an adjustment of status. How long does it usually take? I would appreciate those who already received an FR to share their experience after FR and its timeline. 

image.thumb.png.6a5450ea2db3810480ff27b31f4a8891.png

See and you were panicking! I understand it was a long wait, just believe in yourself and positive vibes and everything will be good! Congratulations! :) 

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58 minutes ago, Sabina Bart said:

See and you were panicking! I understand it was a long wait, just believe in yourself and positive vibes and everything will be good! Congratulations! :) 

Thank you! Lack of transparency with DOS (I will never know who submitted those sponsor views and what they were), years of waiting, and my overall negative personality to assume and prepare for the worst possible outcomes for everything played its role. It was rough when I went to Canada to apply for an O-1, fully understanding that I might not get an O-1 as it is a rather challenging visa; without an O-1, I would be stranded in Canada on a tourist visa, with nowhere to go I'm not exactly welcomed in my home country due to my work in the US. Yes, it's now finished, and it's a relief. 

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9 hours ago, lennikov said:

And so my watch has ended. It was a pleasure to be a part of this community, and a lot of words of encouragement to me and others on this forum kept me sane over this long period of uncertainty. My case involved 2 J-1 visas that I took in 2014-2015 and second in 2017-2022. It took 560 days, from October 6, 2022, to April 17th, 2024, with ten months extra when the case was at USCIS, so overall, it took me about 28 months from the initial documents being submitted to receiving a Favorable Recommendation. I was able to obtain an O-1 visa and, this way, stay in the US; if I did not have O-1 support, there would only be 5 months left for me to complete the 2YHR if I returned to my home country upon expiration of my J-1 in October 2022. 

 

I used to live with this endlessly pending case, and now I don't know exactly how I feel about it. I suppose it is good that it is over, but honestly, I feel empty. Actually, what happens next? Will the case be returned to USCIS, and will they issue a waiver? Then, with a waiver attached, I can file for an adjustment of status. How long does it usually take? I would appreciate those who already received an FR to share their experience after FR and its timeline. 

image.thumb.png.6a5450ea2db3810480ff27b31f4a8891.png

Congratulations! Could you update us when you receive your final approval letter from USCIS? Just want to know how long it will take for USCIS to send out the final approval letter. Thanks a lot. 

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