J1 Hardship Waiver 2021-2022 Timeline

[Wyboxcx 49]

20 minutes ago, Waiver 2021 said:

I think there should be a quick intial review stage for each case at the DOS before going to long deliberation and administrative processing. This would save people a lot of time, pain and suffering waiting without knowing that their cases at least meet or satisfy the basic requirements set by DOS.  

I don’t think anything will change short of someone starting a lawsuit against these excessive delays sadly. 

[Robble42 6]

On 2/9/2023 at 6:25 PM, Pillowchis said:

I just hope its really reasonable reason. Its painful and stressful. I hope everything will be fine

No reason given at all. It figures. 

[Robble42 6]

On 2/9/2023 at 11:34 PM, ErinK said:

if you haven't already overstayed then try to find a way to stay in status but if you are already out of status it makes more sense to stay and try to get "forgiven" for it as a spouse of a U.S citizen than to leave and try to come back after the waiver is approved but with an overstay in your immigration records.

 

At least that's my understanding 

That was our understanding too, but the DOS seems to be denying hardship applications without rhyme or reason these days. If you're not already out of status, I would recommend trying to get another type of visa or considering leaving for 2 years. DOS doesn't seem to care about US citizens these days.

 

If you are out of status, I would just hang on and hope for the best. If it gets denied, you can apply again or litigate. 

[Hardship2021 1]

Does the long wait mean the case will get denied then?

my file was complete since Sep 6 2021.

[Robble42 6]

34 minutes ago, Hardship2021 said:

Does the long wait mean the case will get denied then?

my file was complete since Sep 6 2021.

Not necessarily. But I would submit a FOIA to the DOS asking for a copy of your file (to make sure they haven't lost it). They have a big backlog right now, but it turns the pressure up (and it would not influence the actual decision, just maybe speed things up).

[Robble42 6]

On 2/9/2023 at 7:23 PM, Saysono said:

Anyone overstay their visa? I spoke to my lawyer and he recommended to not overstay for more than 6 months. I am married to a US citizen and am aware of the ‘forgiveness’ when applying for change of adjustment. However, my hardship case went to DOS on 02/2022, and I don’t think it’ll be back in time. 

You can always consult another lawyer--they don't mind. The American Immigration Lawyers Association (AILA) can help with a referral. You have some options in case of overstay.

[ErinK 35]

1 hour ago, Robble42 said:

Not necessarily. But I would submit a FOIA to the DOS asking for a copy of your file (to make sure they haven't lost it). They have a big backlog right now, but it turns the pressure up (and it would not influence the actual decision, just maybe speed things up).

FYI a lawyer told me that FOIA will slow down the case since they have to pull your application out of the "queue". He told me only request FOIA if I get non-favorable recommendation and decide to file a lawsuit or file another J-1 waiver case 

[neonatal2023 2]

Is everyone here a physician? Or is a mixed of professions? 
 

[Robble42 6]

15 hours ago, ErinK said:

FYI a lawyer told me that FOIA will slow down the case since they have to pull your application out of the "queue". He told me only request FOIA if I get non-favorable recommendation and decide to file a lawsuit or file another J-1 waiver case 

I guess correlation doesn't equal causation, so I'm not sure if the FOIA sped things up or if it was just a coincidence. But the "queue" is a myth. We kept seeing lots of cases filed after us (by even a year) being decided before ours.

 

I also read this from another lawyer's blog: https://webberimmigration.substack.com/p/uscis-foia-freedom-of-information?utm_source=%2Fsearch%2FFOIA&utm_medium=reader2

[ErinK 35]

13 hours ago, Robble42 said:

I guess correlation doesn't equal causation, so I'm not sure if the FOIA sped things up or if it was just a coincidence. But the "queue" is a myth. We kept seeing lots of cases filed after us (by even a year) being decided before ours.

 

I also read this from another lawyer's blog: https://webberimmigration.substack.com/p/uscis-foia-freedom-of-information?utm_source=%2Fsearch%2FFOIA&utm_medium=reader2

You filed a FOIA before getting the non-favorable recommendation? I wish DoS was more transparent about their procedures. Even lawyers can't seem to agree on what's the best course of action 

[Robble42 6]

9 hours ago, ErinK said:

You filed a FOIA before getting the non-favorable recommendation? I wish DoS was more transparent about their procedures. Even lawyers can't seem to agree on what's the best course of action 

Yes, we filed the FOIA about 3 weeks before getting a decision from DOS (after not hearing from them in 77 weeks). Of course, who knows when they'll fulfill our FOIA request. It was perfected, but they haven't sent our file yet. Their FOIA office says they have a months-long backlog. 

[ErinK 35]

51 minutes ago, Robble42 said:

Yes, we filed the FOIA about 3 weeks before getting a decision from DOS (after not hearing from them in 77 weeks). Of course, who knows when they'll fulfill our FOIA request. It was perfected, but they haven't sent our file yet. Their FOIA office says they have a months-long backlog. 

My lawyer told me that FOIAs take 3-5 months these days!! They used to take 2-3 weeks

[extreme_hardship 22]

Two recent Favorable Recommendations (not mine ). Around a year for both.

 

[PeterW 17]

10 hours ago, extreme_hardship said:

Two recent Favorable Recommendations (not mine ). Around a year for both.

 

So encouraging! I am so desperate now. Theses two cases gave us hope. Good luck to everyone. 

[DrIdaddoq 22]

12 hours ago, extreme_hardship said:

Two recent Favorable Recommendations (not mine ). Around a year for both.

 

encouraging... but I'm getting so brutally anxious. Still pending since Sep 2021.