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Wyboxcx

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Everything posted by Wyboxcx

  1. Wyboxcx
    Awesome! is this yours?
  2. Wyboxcx
    It seems that they basically didn't do anything all year and decided to quickly decided a bunch of cases before the year ends
  3. Wyboxcx
    So the actual processing time is 20 months. At least we have one certainty in the midst of all the uncertainty.
  4. Wyboxcx
    How can you file for I-485 when without either meeting the requirement or getting a waiver you are ineligible to adjust status?? It’s too risky to do now because AOS is happening fast and hardship waiver is taking forever and then some. What will you do even if somehow the officer adjudicating your case ignores the fact that you don’t have the waiver yet and then you are scheduled for an interview and you still don’t have the waiver? That is an automatic denial.
  5. Wyboxcx
    DOS is determined to make hardship applicants wait 2 years either way: At home or waiting in anguish for a decision. In both cases, there is no escape from at least a 2- year wait.
  6. Wyboxcx
    Oh I’m aware. Not expecting to hear back before 20 months least.
  7. Wyboxcx
    No approval for me so far. 7 months since form I-612 reached DOS.
  8. Wyboxcx
    Not at all. Writ of Mandamus is a legal tool to compel a government agency to render a decision when a case has been pending beyond normal processing time. It cannot force the DoS to render a favorable recommendation but they will be required to decide within a specific timeframe . I don’t think they are offended when it’s filed against them. In fact I have seen cases get approved this year after filing the mandamus . The person had been waiting since 2021
  9. Wyboxcx
    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
  10. Wyboxcx
    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”
  11. Wyboxcx
    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.
  12. Wyboxcx
    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.
  13. Wyboxcx
    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.
  14. Wyboxcx
    Also, it worth mentioning: the reason why the attorneys I consulted with all advised me against filing for adjustment without having the waiver first is according to them Adjustment applications are being decided much faster these days so it’s unlikely to get the waiver before the interview.
  15. Wyboxcx
    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.
  16. Wyboxcx
    I was also strongly advised against filing for the green card without the waiver in hand by 3 different lawyers I consulted. The issue is that the USCIS manual requires the adjudicating officer to deny your case based on your 2 year rule ineligibility and not wait till you get the waiver. I even saw a case of someone who got their green card denied even though she got the waiver by the time she reached her interview stage and USCIS reasoning behind this denial is the fact that she was ineligible to apply for adjustment when she filed for adjustment. It is crazy but unfortunately that is how it is. It is a big risk . I just wish this whole nightmare process would end faster. It’s hardship on top of hardship.
  17. Wyboxcx
    It’s probably additional hardship evidence.
  18. Wyboxcx
    Congrats. Did you have government funding??
  19. Wyboxcx
    I honestly don't know the exact circumstances. But my lawyer told me that DOS has in recent months said that they suddenly experienced a "big increase in the number of hardship waiver applications", simultaneously, the Philippines government decided to stop issuing non-objection statements to its citizens, so they were only left with the hardship route most of the time. There are a lot of Filipino J-1 visa holders here so the sheer number of waivers is apparently overwhelming the hardship category.
  20. Wyboxcx
    oh trust me I feel your frustration. This is not to blame Filipino students because often times they have no choice. My frustration is mostly at the waiver review division and their inhumane wait times. They also came up with this crazy rule that has no basis in law that you can only request to expedite your case once. It does not matter how compelling the circumstances are if you once requested it and it was denied they will not expedite again. There is literally nothing in the law that says they can do this but here we are.. It's cruel and so unfair.
  21. Wyboxcx
    I think the real reason for this ridiculous delay is a combination of understaffing from Covid and when the Philippines government stopped issuing NOS to its citizens they all flocked to hardship waivers, thus this increased workload.
  22. Wyboxcx
    As you can see from this thread, no one has received a decision and unlikely to do so anytime soon .
  23. Wyboxcx
    Also, I have noticed that they did not publish the statistics on how many J-1 waivers they approved or denied for the fiscal year 2022. The last available data is from 2021. It’s almost the end of 2023…
  24. Wyboxcx
    I’m sorry to hear. That is ridiculous.
  25. Wyboxcx
    There is a class action lawsuit going on for another type of waiver , I think I-601, also for the excessive delay in processing.
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