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Wyboxcx

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Everything posted by Wyboxcx

  1. That’s tragic really. Like I said before Biden’s administration is taking a hardline on hardship cases and they want J1 exchange students to go back to their countries. That will definitely be reflected in the approval and Denial statistics of this category once they are posted. The fact that these cases are pending forever and the rejection rate is higher than under Trump shows you that this administration does not prioritize these cases
  2. The 2 year home residency requirement applies only to the country you got your J1 visa from and was a national of . You cannot go to a third country and spend some time there and some time in your home country. The 2 years must be spent in your home country to meet the requirement. The law is clear about that, although you don’t have to spend two consecutive years in your country, you can travel and come back, but any time you spend outside your home country does not count towards fulfillment of the requirement.
  3. I don’t think anything will change short of someone starting a lawsuit against these excessive delays sadly.
  4. Trust me I have the exact same questions as all of you on this forum. Btw, USCIS conveniently increased their processing time for hardship waivers as well. Just checked today. It’s like a moving target, every time you think you are getting closer to a decision, they increase the wait time. The process is just so fundamentally broken, rewards illegality and punishes people who follow the law.
  5. They are intentional especially under the Biden administration. They don’t want people to get a J1 waiver and they want them to go back to their home countries for 2 years and “contribute to their development”. It’s all political and if you notice the pattern there are more rejections of J1 hardship waivers under Biden than under Trump.
  6. When USCIS forwards the case to DOS it means they found prima facie hardship, which in legal jargon basically means they do agree with the applicant that exceptional hardship exists . The problem is that DOS even when they receive such application from USCIS are still going to weigh whether program goals and considerations are more important than the hardship. If the sponsor thinks that you have to go home despite the hardship, they will reject the case. It’s really a terrible form of law and there is no appeal against it sadly.
  7. I’m sorry to hear that. That is disappointing especially with no gov funding
  8. A lawyer told me that in these cases it's always political. If the US government funded the waiver applicant and they are determined to send them back to their home country, they will always so no, even when USCIS finds hardship. and sadly, there is no appeal possibility.
  9. This is really sad and proves that the idea that once USCIS finds prima facie hardship, the DOS will certainly approve the case is a wrong belief. Not favorable recommendation by itself is terrible, let alone after such an extremely long wait. This is awful .
  10. I am. Almost 9 months so far and they haven’t responded, no RFE, no updates . Nothing, just radio silence. It’s depressing especially when you anticipate how much we have to wait at the DOS step. It wasn’t like this, literally a few months ago USCIS decided those hardship cases in 4-6 months and forwarded them to DOS. Now it seems that the whole process is on hold.
  11. Congratulations! It’s interesting that they didn’t request sponsor views. Did you get gov funding from the US or Vietnam?
  12. Mine is stuck with USCIS for 8 months now with not even an RFE request.
  13. It's so sad and unfair. This system is fundamentally broken
  14. Did you receive US government funding? That’s what usually delays the process
  15. Amen. Happy New Year to all those waiting and I wish everyone the strength and patience to I through this ordeal .
  16. Same. No updates whatsoever. Going on to 8 months in a few days .
  17. Unfortunately no updates yet. So demoralizing. What about you? Let’s keep each other updated
  18. That's frustrating. I am sorry to hear. I don't know what's going on with the California Service Center, they used to be much quicker with hardship decisions and the delay was mostly at the DOS. I submitted an expedite request and it was rejected in 15 mins even though we had good evidence!!
  19. Is anyone else still stuck at USCIS's initial stage ?? Filed in May 2022 and so far they haven't either requested additional evidence or forwarded it to DOS. 😪
  20. Exactly, because the Biden admin is "friendly" they want exchange visitors to go back to their countries and help fulfill the program goals, so they act difficult about granting waivers. It's all political in the end.
  21. I think the delay in hardship cases is partly due to the effects of covid backlog, and partly deliberate policy. The Biden admin probably wants to make it stricter for US citizen spouses to stay here and that's why they just delay and delay to make the hardship process pointless, they want us to spend two years in limbo anyway, either here or back in the home country. Is it fair? absolutely not! it's just so incredibly sad that hardship waivers have become a form of hardship in and of themselves.
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