JI HARDSHIP / PERSECUTION WAIVER

[Muhammad369 1]

Has anyone applied for these 2 waivers before. I m in dire need for guidance. I am j1 and it expires this may 2017. I married last week. I need some guidance regarding how to go through process. I want to apply for ji waiver (  i am not eligible for no objection). I want to ask the fee if i hire an attorney. my most important question is if i apply waiver very near to my visa j1 expiry. what would happen after nutil i get response. would i be out of status or no?

Edited February 15, 2017 by Muhammad369
need to ad some more info

[Ben&Zian 4,398]

Have your USC spouse file the I-130 for AOS and once you receive the NOA from them receiving the petition you are granted a legal status to remain in the US......

 

http://www.visajourney.com/content/i130guide2

 

Do you have a 2 year home stay rule for the J-1 you are on? That you may need to get a waiver for but that is really all.

Edited February 15, 2017 by Ben&Zian

[Muhammad369 1]

4 minutes ago, Ben&Zian said:

Have your USC spouse file the I-130 for AOS and once you receive the NOA from them receiving the petition you are granted a legal status to remain in the US......

 

I haven't done anything yet except contacting few lawyers for waiver and they are charging from $4500 to $6000 . 

[Muhammad369 1]

10 minutes ago, Ben&Zian said:

Have your USC spouse file the I-130 for AOS and once you receive the NOA from them receiving the petition you are granted a legal status to remain in the US......

 

http://www.visajourney.com/content/i130guide2

 

Do you have a 2 year home stay rule for the J-1 you are on? That you may need to get a waiver for but that is really all.

I have a 2 year rule on my J1. Thats it

[geowrian 22,337]

6 minutes ago, Muhammad369 said:

I have a 2 year rule on my J1. Thats it

You need a waiver before you can file for AOS then. You are currently ineligible to apply for AOS, so filing for it does not grant you legal status. Once your J-1 expires, you will be out of status and deportable. The waiver does not seem overly complicated, but generally I suggest using a lawyer whenever a waiver is involved. I don't normally like suggesting a lawyer, but waivers are generally one point when I draw the line from DIY to professional help being needed.

[KurosawaSan 52]

6 hours ago, Ben&Zian said:

Have your USC spouse file the I-130 for AOS and once you receive the NOA from them receiving the petition you are granted a legal status to remain in the US......

 

http://www.visajourney.com/content/i130guide2

 

Do you have a 2 year home stay rule for the J-1 you are on? That you may need to get a waiver for but that is really all.

No, no, no - absolutely not. Please do not spread misinformation.

 

I-130 does not grant you legal status.Form I-130 is merely proving that the applicant is eligible to AOS based on marriage to USC. In itself it does not extend or grant you any immigration benefits. You need to file I-485 to be able to stay in the US. And the OP can't do that since he has 2YHRR and has not received a waiver yet. If you apply for I-485, you will get an RFE to prove that you completed the 2 year residence requirement or have a waiver, which you don't - and you will get a denial.

 

Waivers based on persecution have a very high bar and you will need to prove a significant risk of persecution and/or damage to the life of the USC spouse. The bar for those is higher than that for asylum, to give you an idea. You need to hire a lawyer ASAP as this is not a do-it-yourself case.

Edited February 16, 2017 by KurosawaSan

[geowrian 22,337]

Just now, KurosawaSan said:

No, no, no - absolutely not. Please do not spread misinformation.

 

I-130 does not grant you legal status.You need to file I-485 to be able to stay in the US. And the OP can't do that since he has 2YHRR and has not received a waiver yet. If you apply for I-485, you will get an RFE to prove that you completed the 2 year residence requirement or have a waiver, which you don't - and you will get a denial.

 

Waivers based on persecution have a very high bar and you will need to prove a significant risk of persecution and/or damage to the life of the USC spouse. The bar for those is higher than that for asylum, to give you an idea. You need to hire a lawyer ASAP as this is not a do-it-yourself case.

He posted that before the 2YHRR was confirmed...you're being a bit harsh.

 

I-130 does not grant legal status, but I took what was said to imply that the I-130 needed to be completed along with the normal AOS packet.

[KurosawaSan 52]

1 minute ago, geowrian said:

He posted that before the 2YHRR was confirmed...you're being a bit harsh.

 

I-130 does not grant legal status, but I took what was said to imply that the I-130 needed to be completed along with the normal AOS packet.

He cannot file for AOS given that he has not waived 2YHRR.

 

Topic title is: JI HARDSHIP / PERSECUTION WAIVER. The only reason you would need a waiver for J-1 is if you have 2YHRR slapped on top of it.

Edited February 16, 2017 by KurosawaSan

[geowrian 22,337]

4 minutes ago, KurosawaSan said:

He cannot file for AOS given that he has not waived 2YHRR.

 

Topic title is: JI HARDSHIP / PERSECUTION WAIVER. The only reason you would need a waiver for J-1 is if you have 2YHRR slapped on top of it.

Right...that's not in disagreement. You're going in circles.

 

No, that's not the only reason you would need a waiver. He could have married a non-USC, and then an overstay or unauthorized work would require a waiver.

 

Edit: Anyway...this is going off topic.

Edited February 16, 2017 by geowrian

[KurosawaSan 52]

6 minutes ago, geowrian said:

Right...that's not in disagreement. You're going in circles.

 

No, that's not the only reason you would need a waiver. He could have married a non-USC, and then an overstay or unauthorized work would require a waiver.

I am sorry, do you know what you are talking about?

I've been on J-1, so am speaking from experience. He has an unexpired J-1 so overstay or unauthorized work do not even fit into your assumption.

 

@Muhammad369

It will not be easy, as you are applying for a waiver without completing even part of the 2YHRR. Seriously, consult an immigration attorney who specializes in waivers. You will need a lot of documentation and proof that your departure will be detrimental to the USC. That will require medical records and many others. Like I said earlier, the bar here is higher than the bar for asylum based on my conversations with different immigration lawyers. Keep in mind that separation from USC spouse for 2 years is not enough of a reason for hardship.

 

Also, waiver processing takes anywhere from 6 months to 2 years - during processing you will not be in status if your current status expires, and will likely have to go back. In that case, it would be easier to just wait it out and then file for a K-1 from abroad once 2 years go by.

Edited February 16, 2017 by KurosawaSan

[geowrian 22,337]

Just now, KurosawaSan said:

I am sorry, do you know what you are talking about?

I've been on J-1, so am speaking from experience. He has an unexpired J-1 so overstay or unauthorized work do not even fit into your assumption.

 

@Muhammad369 It will not be easy, as you are applying for a waiver without completing even part of the 2YHRR. Seriously, consult an immigration attorney who specializes in waivers. You will need a lot of documentation and proof that your departure will be detrimental to the USC. That will require medical records and many others. Like I said earlier, the bar here is higher than the bar for asylum based on my conversations with different immigration lawyers. Keep in mind that separation from USC spouse for 2 years is not enough of a reason for hardship.

I sure do. Check my history.  I'm just saying that you were being way overly harsh before the 2YHRR was confirmed. Chill. The goal here is to help the OP, not chastise other members.

[KurosawaSan 52]

Just now, geowrian said:

I sure do. Check my history.  I'm just saying that you were being way overly harsh before the 2YHRR was confirmed. Chill. The goal here is to help the OP, not chastise other members.

Nobody chastised anyone - an ask to please not spread misinformation without knowledge of the exact regulation is and should be reasonable.

 

OP should not apply for any immigration benefits until the 2YHRR is waived. Guiding him to do otherwise will cause issues down the road, so it's important to bring up to the attention when something is not accurate. I think by now OP has received exactly the answer to the question.

[Muhammad369 1]

41 minutes ago, KurosawaSan said:

I am sorry, do you know what you are talking about?

I've been on J-1, so am speaking from experience. He has an unexpired J-1 so overstay or unauthorized work do not even fit into your assumption.

 

@Muhammad369

It will not be easy, as you are applying for a waiver without completing even part of the 2YHRR. Seriously, consult an immigration attorney who specializes in waivers. You will need a lot of documentation and proof that your departure will be detrimental to the USC. That will require medical records and many others. Like I said earlier, the bar here is higher than the bar for asylum based on my conversations with different immigration lawyers. Keep in mind that separation from USC spouse for 2 years is not enough of a reason for hardship.

 

Also, waiver processing takes anywhere from 6 months to 2 years - during processing you will not be in status if your current status expires, and will likely have to go back. In that case, it would be easier to just wait it out and then file for a K-1 from abroad once 2 years go by.

 

Thank Kurosawa. I contacted an attorney and he said if I have applied for a waiver and waiting for an answer, I can stay meanwhile. I am not sure how he is saying that but yes he said to me that this is going to be a case. I am stuck in a big indecisiveness. 

[KurosawaSan 52]

19 minutes ago, Muhammad369 said:

Thank Kurosawa. I contacted an attorney and he said if I have applied for a waiver and waiting for an answer, I can stay meanwhile. I am not sure how he is saying that but yes he said to me that this is going to be a case. I am stuck in a big indecisiveness. 

That is absolutely not true. You are not conferred any immigration status while you wait for the waiver. You need to consult an attorney who specializes in J-1 waivers. 

 

The bad scenario you are risking is this - if the waiver is denied, you can't file for AOS, which means the only option would be going back and fulfilling the rule. Once you're out of the US, you will be slapped with a ban for overstay, which will complicate your process even more because then you can't return to US for 2 years, and will need to start to apply for another waiver (which is not guaranteed). 

 

Please, please get a second opinion. I will reiterate - once the date in your I-94 expires, you will be out of status and the fact that you are waiting for a waiver does not extend that status.

[geowrian 22,337]

1 minute ago, KurosawaSan said:

That is absolutely not true. You are not conferred any immigration status while you wait for the waiver. You need to consult an attorney who specializes in J-1 waivers. 

 

The bad scenario you are risking is this - if the waiver is denied, you can't file for AOS, which means the only option would be going back and fulfilling the rule. Once you're out of the US, you will be slapped with a ban for overstay, which will complicate your process even more because then you can't return to US for 2 years, and will need to start to apply for another waiver (which is not guaranteed). 

 

Please, please get a second opinion. I will reiterate - once the date in your I-94 expires, you will be out of status and the fact that you are waiting for a waiver does not extend that status.

Agreed. Filing for a waiver does not grant any status. And the OP doesn't qualify to file for AOS until he has the waiver. OP, i also suggest seeking a second opinion. The stated course is extremely risky.