J1 Hardship waiver Timeline 2015

[medicalguy 11]

I am an Alien Physician in graduate medical education program (Fellowship). I have also completed a internal medicine residency in the united states. I came to the US on a J1 visa, and like all alien physicians coming to the US on a J1 visa, I am subject to section 212.e 2 year Home residency requirement. I met my wife 1 and a half year into my residency in the US. We married in 8/2013. I decided to continue with J1 sponsership a the time. I have received my last DS-2019 valid till 6/2016. I contacted an immigration lawyer in 9/2014 who has successfully secured hardship waivers for other colleagues of mine.

Basis for exceptional hardship were danger to my US-Citizen Wife to go to my country (it's in the middle east), especially given the fact that her brothers served in the US army recently, in addition to medical grounds that could be exacerbated in the country I came from. She is a pharmacist, but she is on a part time job and needs to take care of her ailing mother who will have to have a major cardiac surgery in the next few years, and will need full time care for months, which my wife will provide, and will have to take off during that time, and will be unable to pay for her student loans during that time.

Through out this porcess, the immigration lawyer provided significant guidance. We have obtained +10 letters from family members / friends describing things like work conditions in my country, dangers to US citizens, describe acts of terrorism, and medical opinions, in addition to letters of service from my wife's brothers in the army.

Timeline:

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were recieved by the DOS

Now we are waiting for the DOS recommendation, as of now it is pending, I will update this thread.

Edited April 17, 2015 by medicalguy

[medicalguy 11]

I can't find many recent J1 hardship waiver timelines online. People please feel free to post your J1 Hardship waiver timeline here. I am particularly interested in how long it took applicants on average to get a response from the DOS after the I612 / I613 is received from the USCIS. Like all of us immigration applicants, I am an impatient person lol.

Edited April 23, 2015 by medicalguy

[medicalguy 11]

Today on the department of state webesite added a new document "Post input: recieved, 5/6". Decision still says pending.

Any idea what that means?

[blahblahblog 36]

My guess is that they received some requested opinion from the consular post. But this is a wild guess.

[medicalguy 11]

Finally! DOS decision turned to Favorable recommendation on 6/27/2015. Recommendation sent on 6/26/2015. Now awaiting final approval by the USCIS!

[medicalguy 11]

On 7/2, USCIS approved I-612 application online, awaiting I-612 approval notice in mail.

[msmontader 10]

Congratulations !!. I have mostly the same exact case as yours. but my time line a little longer than mine.

I applied for both persecution and external hardship to US citizen

submitted application 612 to USCIS 07/03/2014

USCIS requested additional information 01/12/2015

Information sent to USCIS 01/22/2015

USCIS requested non advisory form 06/05/2015

Last forms of 3035 was received by the DOS was 06/25/2015

Still waiting on the recommendation

[medicalguy 11]

Good luck! DOS has been relatively slow lately. USCIS did not ask for any additional evidence which helped my timeline. Good news for you is USCIS requested a non advisory opinion, and that is a big deal. It's mostly a matter of time before you get approved by DOS, because they rarely disagree with USCIS except for perhaps Full-Bright scholars etc...

Edited July 5, 2015 by medicalguy

[hardshipwaiver 0]

Hello Guys,

I am a internal medicine resident on a J-1 visa. I recently applied for a hardship exemption based on my US born daughter.

I have already graduated from my program however had my DS-2019 extended until Aug 31st.

My form I-612 was received on 4/2/2105

Since then I have heard no response.

I know that I have a 30 day grace period after Aug 31st in which I am considered in status.

My questions are

1.. Based on similar experiences should I be concerned that I have not received any information after the initial submission of the I-612

2. My attorney says that as long as the decision is pending I continue to stay in status.

Any help would be greatly appreciated.

[J1_waiver 0]

Hi hardshipwaiver

We are in a similar situation. I also submitted my I-612 in the first week of April and since then, nothing! I even checked the processing times for I-612 in the hardship/persecution category at the California Service Center, and it now is not listed anymore whereas it used to say 4 months. So I think they are experiencing delays.

As for your second question, a pending J1 waiver does not give you legal status, it is not a visa in and of its own. Unless you have applied for something else, I think you lawyer is wrong.

[Jert 0]

Hello guys,

I applied for a hardship waiver too and I have some questions. I noticed that after the USCIS requests an advisory opinion from DOS, it shows up in the website that they have received form 613. According to my research it takes somewhere between 1 week - 4 weeks to show.

Well, USCIS requested the 613 to DOS on 6/19, and I look it up in the website and it still says pending, with no updates whatsoever about receiving a 613. Last status was published last year actually, stating they have received form and fees. Should I be worried? I am completely in the dark here and lawyer is on summer vacations

[medicalguy 11]

Hello Guys,

I am a internal medicine resident on a J-1 visa. I recently applied for a hardship exemption based on my US born daughter.

I have already graduated from my program however had my DS-2019 extended until Aug 31st.

My form I-612 was received on 4/2/2105

Since then I have heard no response.

I know that I have a 30 day grace period after Aug 31st in which I am considered in status.

My questions are

1.. Based on similar experiences should I be concerned that I have not received any information after the initial submission of the I-612

2. My attorney says that as long as the decision is pending I continue to stay in status.

Any help would be greatly appreciated.

My I-612 was received in 3/4 and it got forwarded to the DOS on 4/9.

As far as legal status, the waiver DOES NOT give you legal status. This is not an adjustment of status case. In fact, if you have not heard from the USCIS at this point in time, I think I would seriously look into other options to stay legally in the united states, which for you largely means finding a J1 waiver job as soon as possible. Even if the USCIS responds favorably for your case, it has to forward it to the department of state, and then that process can take anywhere between 2 weeks to +2 months (it took 10 weeks for me).

Once your hardship is approved, that also DOES NOT give you legal status, you have to find an employee that will sponser an H1B visa for you.

Unfortunately it looks like you have to look at plan B right now.

[medicalguy 11]

Hello guys,

I applied for a hardship waiver too and I have some questions. I noticed that after the USCIS requests an advisory opinion from DOS, it shows up in the website that they have received form 613. According to my research it takes somewhere between 1 week - 4 weeks to show.

Well, USCIS requested the 613 to DOS on 6/19, and I look it up in the website and it still says pending, with no updates whatsoever about receiving a 613. Last status was published last year actually, stating they have received form and fees. Should I be worried? I am completely in the dark here and lawyer is on summer vacations

Their website sometimes does not update correctly. If it takes longer I would try to contact them, not that I know how. However the good news is, the biggest obstacle is usually the USCIS and once it forwards I-613 to DOS, it is just a matter of time getting approved. Exceptions maybe things like Fulbright scholars.

[hardshipwaiver 0]

Hi GUYS

This was the response of my lawyer

You have a 30 day grace period after J1 expiration. Even if you overstay
beyond that date, you will not be unlawfully present. J1 holders get
something called 'duration of status D/S" after expiration which means that
you do not accrue unlawful presence even if you overstay for a long period.
Staying in D/S will not impact a future visa or greencard.

So I am really confused at this point

[medicalguy 11]

Hi GUYS

This was the response of my lawyer

You have a 30 day grace period after J1 expiration. Even if you overstay

beyond that date, you will not be unlawfully present. J1 holders get

something called 'duration of status D/S" after expiration which means that

you do not accrue unlawful presence even if you overstay for a long period.

Staying in D/S will not impact a future visa or greencard.

So I am really confused at this point

I am not an immigration lawyer, but a D/S means that your stay is legal in the united states while your J1 status is active. After the grace period is over, your will have NO status. The reason why they put D/S is because it is valid as long as you are training and can be extended several times inside the US.

I strongly suggest you consult with another experienced immigration lawyer for second opinion / advice on this matter....