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Ana_83

J-1 waiver based on exceptional hardship denied. Appeal or reaply?

By Ana_83 in Student & Exchange Visitor Visas

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Ana_83 Newbie

Ana_83   0

Posted
Filed: F-1 Visa Country: Brazil
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Posted (edited)

I am subjected to the 2 years residency requirement because of my J-1 visa from 2008. Now I am a F-1 holder on OPT program. I applied for the waiver based on extreme hardship to my USC husband and it was denied. I have the option to appeal to the decision. Should I appeal to the decision or reapply using a no-objection letter? I wasn't funded by any government. Just in case the waiver based on the no-objection letter is denied, can I reapply one more time based on the extreme hardship? Also, do I have to wait for the 30 days appeal period before we can start the new application? Thanks

Edited by Ana_83
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Unidentified Mentor

Unidentified   2,930

Posted
Filed: Citizen (apr) Country: Sweden
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Posted (edited)

No point. They don't care that it's going to be hard on your husband that you have to be in your home country for two years. In their eyes, he can move to you.

Why not just file for a spousal visa? I believe you need to file a waiver for that too but would probably be a lot easier.

Edited by Maria&Seve




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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
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If they denied your application of waiver based on extreme hardship on your USC spouse, that means they realized from your submitted documents that your spouse will really not be in an extreme hardship in those two years. Remember, a separation is not considered a hardship. So unless you have any further proofs or documents to show the extreme hardship, there is no point to appeal or applying again under the same base.

Applying through No Objection criteria might work but is not guaranteed either.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

Why not just file for a spousal visa? I believe you need to file a waiver for that too but would probably be a lot easier.

Previous J-1 holders still subject to the HRR are ineligible to receive an immigrant visa until they either (i) serve the two years in their home country, or (ii) obtain a waiver of that requirement.

OP, if no material facts have changed since your denial then an appeal would itself likely be denied. If you have a no-objection statement then trying for a waiver through that instead is probably what you want to try next.

If that is also denied then you will probably need to just spend two years in your home country.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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medicalguy Explorer

medicalguy   11

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted (edited)

Was it denied by USCIS or by the DOS? What were the arguments that you have used? Did an experienced immigration lawyer prepare your j1 waiver argument?

Edited by medicalguy

N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

4/11/2019: Scheduled for Interview.

5/20/2019: Interview day, APPROVED!

5/30/2019: Oath Ceremony. Officially a US citizen! Time to Vote :D

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver 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 received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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jxn Community Regular

jxn   86

Posted
Filed: Citizen (pnd) Country: El Salvador
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Posted

If you weren't funded by either government wouldn't you instead be asking the State Department for an Advisory Opinion?

My wife erroneously had her J-1 visa marked as subject to the two-year Home Residency Requirement but she also had no government funding for her program. After requesting an Advisory Opinion letter we got an answer from State that she was actually not subject to the 2Y HRR (which we suspected all along).

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Ana_83 Newbie

Ana_83   0

Posted
Filed: F-1 Visa Country: Brazil
 Timeline
  • Author
Posted

Was it denied by USCIS or by the DOS? What were the arguments that you have used? Did an experienced immigration lawyer prepare your j1 waiver argument?

It was denied by the USCIS. The number one argument was my husband's military services.

They said that my husband can't move with me because he is in the military. But at the same time, because we could face separation in case of a military deployment that would be the same for me to go to my country for two years.

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medicalguy Explorer

medicalguy   11

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted (edited)

It was denied by the USCIS. The number one argument was my husband's military services.

They said that my husband can't move with me because he is in the military. But at the same time, because we could face separation in case of a military deployment that would be the same for me to go to my country for two years.

No objection is your best chance especially since you have no government funding. You have to find a different argument for exceptional hardship. When you argue exceptional hardship for the US citizen, you have to prove that both separation, and going together to your home country would be a detriment to your USC spouse. I honestly don't believe there is any way you can argue that separating from your husband would be bad to your Husband since he already signed a military letter and you both accept the fact that you will separate anyway.

You have to find another angle, like persecution, or no objection from your home country if you qualify for one. For example, if you being married to a person in the US military would subject you to dangers living outside of the US. I don't know how well that would work in Brazil, but it certainly would work to people from middle eastern countries.

Anyway, this will need to be fully discussed with a lawyer if you don't have one.

Edited by medicalguy

N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

4/11/2019: Scheduled for Interview.

5/20/2019: Interview day, APPROVED!

5/30/2019: Oath Ceremony. Officially a US citizen! Time to Vote :D

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver 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 received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

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