Hardship Waiver to Obtain Permanent residency

[carL♥tRin 1]

Hi fellow vj members!

Not sure if this is the right thread

I just want to ask questions regarding my friend who applied for hardship waiver to obtain permanent residency. She came to USA over 10 yrs ago with J1 visa(internship) for 2 years contract but she did not go back to her home country after her contract. She went to another state and married her US citizen fiance. Now, they applied for hardship waiver for her to obtain permanent residency but it is taking so long to process and they ask a lot or requirements. They even hired a lawyer to help them with the process but I think the lawyer doesn't help them that much. She just wants to know what else to do besides applying for hardship waiver so she can obtain a permanent resident card. Of course she has been in the US illegally after her contract until she got married with a Us citizen. She wants to know if any of you experienced this? Or any adive and suggestions for her? Will appreciate your inputs. Thank you.

[Harpa Timsah 13,258]

You are asking about waiving her 2-year home residency requirement on her j-1, right?

[carL♥tRin 1]

You are asking about waiving her 2-year home residency requirement on her j-1, right?

Yes ma'am! They provide all the requirements needed but was not approved. It is so difficult to get harship waiver approved.

[Harpa Timsah 13,258]

What country sponsored the J-1?

[Shauneg 762]

What's the hardship for?

[Merrytooth 5,748]

What's the hardship for?

Exceptional hardship waiver for J1

To show that his/her departure from the U.S. would cause extreme hardship to his/her U.S.Citizen or lawful permanent resident spouse or child (mere separation from family is not considered to be sufficient to establish extreme hardship).

Factors that will be considered when determining exceptional hardship include economic, physical and emotional hardship; loss of employment, educational and health opportunities, etc.

Hardship to spouse can include:

• Where the spouse would have to disrupt their education or career;
• A situation where they could not financially maintain 2 households;
• A situation where they would have to give up a medical practice to accompany spouse;
• Psychological and other hardships.

[carL♥tRin 1]

What country sponsored the J-1?

Philippines

[carL♥tRin 1]

<p> Exceptional hardship waiver for J1 To show that his/her departure from the U.S. would cause extreme hardship to his/her U.S.Citizen or lawful permanent resident spouse or child (mere separation from family is not considered to be sufficient to establish extreme hardship). Factors that will be considered when determining exceptional hardship include economic, physical and emotional hardship; loss of employment, educational and health opportunities, etc.Hardship to spouse can include:

• Where the spouse would have to disrupt their education or career;
• A situation where they could not financially maintain 2 households;
• A situation where they would have to give up a medical practice to accompany spouse;
• Psychological and other hardships.

Thank you so much for the input. My friend submitted the requirements you mentioned but still were all denied. Now they are looking for some other alternative "if possible" for her to stay in US with spouse.

[Merrytooth 5,748]

Did she obtain her home country government or related agency of USA government fundings for her J1 visa?

If so, it is one of the hardest case to get waiver

Why didn't she try the J1 No-Objection waiver?

Probably needs an good attorney to help the waiver case.

Edited August 31, 2016 by Merrytooth

[JFH 12,190]

*~*~*moved from "CR-1 spouse visa case filing and progress reports" to "adjustment of status from work visas" as OP is enquiring about an adjustment from J1. No spouse visa involved*~*~*

[Harpa Timsah 13,258]

She should just make an account and ask herself.

There is no such thing as "submitting the requirements." You need to make a case that you qualify for the exception and they apparently did not do that. It's not black and white.

[EM_Vandaveer 2,408]

I also don't understand why they didn't try for the no objection waiver first. That's much easier to get.

[Max! 10]

Hardship wavers has less chances of getting through USCIS unless you have good case and such real hardship that you can prove

Google for best lawyers ask them if they ever did file such thing and what are success rates for their case they worked on.

Most lawyers do immigration but hardly any wavers 601 or 601A stuff. You need reputable lawyer I am also helping someone with same waver at point it's hard to chose good lawyer

[EM_Vandaveer 2,408]

Hardship wavers has less chances of getting through USCIS unless you have good case and such real hardship that you can prove

Google for best lawyers ask them if they ever did file such thing and what are success rates for their case they worked on.

Most lawyers do immigration but hardly any wavers 601 or 601A stuff. You need reputable lawyer I am also helping someone with same waver at point it's hard to chose good lawyer

This is NOT I-601 or I-601A. But you are right in that there is probably not very many lawyers had ever had a J-1 2-year HRR exceptional hardship waiver approved. Edited September 1, 2016 by EM_Vandaveer