J1 visa waiver based on exceptional Hardship

[Francis101 0]

I filed for I612 (J1 visa waiver based on exceptional Hardship) with the USCIS and receipt acknowledged on December 10,2014.However,since then the status of my case online have remained "Case was Received" (6 months after).

So, i decided to call and 2 weeks after i got a mail with the explanation below:

"Your case is still under review prior to submitting the request for recommendation to the U.S. Department of State. The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS)."

​Please can anyone interpret the above statement to me? i did filed DS3035 to the USDOS (Received August 27,2015) and the status indicates "Pending" and also they are yet to receive my I612/I613.

Thank you!

[medicalguy 11]

It appears that USCIS has forwarded your case to the DOS. You should be able to track the case with the DOS at this website:

https://j1visawaiverstatus.state.gov/

If your case status at the DOS shows that they received I612/ I613, then it is at the DOS awaiting their recommendation.

This is a normal step in this case. It is usually a good sign when USCIS requests DOS advisory opinion, because it usually means that the USCIS found a case for hardship, but wants to clear it with DOS.

Your timeline is way too slow however. My timeline for a J1 hardship can be seen below.

Can you put your timeline in more details?Also let us know what you see on the DOS case status.

Edited January 28, 2016 by medicalguy

[Francis101 0]

Thanks @medicalguy,my case is beyond the processing time and i have also tracked my case number with the DOS but no indication of them receiving my I612/I613 .

So, i sent an email and got this response:

"Thank you for contacting the 212e Waiver Inquiries.

We are still awaiting the I-612 and I-613 from the USCIS. Upon their receipt, the processing of your Hardship waiver case will continue until completion."

I am kind of stuck in the middle and its really stressful, please what do you advise?

[Francis101 0]

December 10,2014 USCIS received my I612 application

The status online have since remained like that,however after i called, i received the message i posted earlier and that informed me to go file DS3035 with the DOS.

Since it appears they are waiting for USDOS recommendation.

Here is my DOS timeline:

Action Date

Fee Received August 27, 2015

Form DS-3035 Received August 27, 2015

Form DS-2019 Received August 27, 2015

Passport Data Page Received August 27, 2015

Form G-28 Received August 27, 2015

Statement Of Reason Received August 27, 2015

Unknown Sent August 27, 2015

Edited January 28, 2016 by Francis101

[Francis101 0]

It appears that USCIS has forwarded your case to the DOS. You should be able to track the case with the DOS at this website:

https://j1visawaiverstatus.state.gov/

If your case status at the DOS shows that they received I612/ I613, then it is at the DOS awaiting their recommendation.

This is a normal step in this case. It is usually a good sign when USCIS requests DOS advisory opinion, because it usually means that the USCIS found a case for hardship, but wants to clear it with DOS.

Your timeline is way too slow however. My timeline for a J1 hardship can be seen below.

Can you put your timeline in more details?Also let us know what you see on the DOS case status.

Thanks @medicalguy,my case is beyond the processing time and i have also tracked my case number with the DOS but no indication of them receiving my I612/I613 .

So, i sent an email and got this response:

"Thank you for contacting the 212e Waiver Inquiries.

We are still awaiting the I-612 and I-613 from the USCIS. Upon their receipt, the processing of your Hardship waiver case will continue until completion."

I am kind of stuck in the middle and its really stressful, please what do you advise?

December 10,2014 USCIS received my I612 application

The status online have since remained like that,however after i called, i received the message i posted earlier and that informed me to go file DS3035 with the DOS.

Since it appears they are waiting for USDOS recommendation.

Here is my DOS timeline:

Case Status: PENDING

Action Date

Fee Received August 27, 2015

Form DS-3035 Received August 27, 2015

Form DS-2019 Received August 27, 2015

Passport Data Page Received August 27, 2015

Form G-28 Received August 27, 2015

Statement Of Reason Received August 27, 2015

Unknown Sent August 27, 2015

[medicalguy 11]

Hmmm, probably an infopass is the best option. It sounded from the initial answer that they are waiting on DOS. Only reason they would be waiting is if they have referred to DOS for an advisory opinion. This has to be clarified.

"The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS).""

[Francis101 0]

Hmmm, probably an infopass is the best option. It sounded from the initial answer that they are waiting on DOS. Only reason they would be waiting is if they have referred to DOS for an advisory opinion. This has to be clarified.

"The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS).""

Yeah, the last email from the DOS dated feb. 2, 2016 reads "

Thank you for contacting the 212e Waiver Inquiries.

Please request that USCIS resent the I-612/ I-613 to us again.

We hope this information is helpful.

and the recent email from USCIS dated feb. 4 2016 reads:

On January 20, 2016, you or your representative contacted USCIS concerning your Form I-612 to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS).

For further information, you may contact the US Department of State J Visa Waiver Division at 202-663-1225 or visit their website athttp://travel.state.gov/visa/temp/info/info_1296.html.

I don't know the surest means of getting the information across to uscis as they keep replying me with same message.

[medicalguy 11]

Yeah, the last email from the DOS dated feb. 2, 2016 reads "

Thank you for contacting the 212e Waiver Inquiries.

Please request that USCIS resent the I-612/ I-613 to us again.

We hope this information is helpful.

and the recent email from USCIS dated feb. 4 2016 reads:

On January 20, 2016, you or your representative contacted USCIS concerning your Form I-612 to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS).

For further information, you may contact the US Department of State J Visa Waiver Division at 202-663-1225 or visit their website athttp://travel.state.gov/visa/temp/info/info_1296.html.

I don't know the surest means of getting the information across to uscis as they keep replying me with same message.

I suggest you do an infopass. Let us know how it goes.

[Francis101 0]

I suggest you do an infopass. Let us know how it goes.

Thanks, i'll do the infopass.Please when the USCIS awaits DOS recommendation,what's suppose the be the status of my case online?

[medicalguy 11]

Thanks, i'll do the infopass.Please when the USCIS awaits DOS recommendation,what's suppose the be the status of my case online?

The status on USCIS website should say:

"We requested another non-USCIS advisory opinion for your Form I-612, Application to Waive Foreign Residence Requirements."

The status on DOS website should say:

Decision: Pending

But they should also show that they have recieved I-612 and I-613

[Francis101 0]

The status on USCIS website should say:

"We requested another non-USCIS advisory opinion for your Form I-612, Application to Waive Foreign Residence Requirements."

The status on DOS website should say:

Decision: Pending

But they should also show that they have recieved I-612 and I-613

Thanks medicalguy,my USCIS status has remained "CASE WAS RECEIVED" since December 10,2014

and that really bothered me until i contacted them and got the response that they are waiting for DOS recommendation.

[Francis101 0]

Thanks, i'll do the infopass.Please when the USCIS awaits DOS recommendation,what's suppose the be the status of my case online?

Also, when your uscis status changed to ""We requested another non-USCIS advisory opinion for your Form I-612, Application to Waive Foreign Residence Requirements."

Did you get a notice in the mail?

[medicalguy 11]

Also, when your uscis status changed to ""We requested another non-USCIS advisory opinion for your Form I-612, Application to Waive Foreign Residence Requirements."

Did you get a notice in the mail?

No I did not get any notice in the mail for that.

[Francis101 0]

No I did not get any notice in the mail for that.

Thanks mediaguy,i have setup an infopass.Please was there any point in your DOS timeline when sponsor's view was requested?

[medicalguy 11]

Thanks mediaguy,i have setup an infopass.Please was there any point in your DOS timeline when sponsor's view was requested?

Nope. I was an alien physician though, no specific sponsors.