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Hardship waiver

J1 Hardship Waiver 2021-2022 Timeline

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On 1/27/2023 at 5:17 AM, DrIdaddoq said:

Yes you need to tell your lawyer to send the DOS the new DS-2019 form. 

 

On 1/10/2023 at 3:59 PM, neonatal2023 said:

is there an opportunity to get another DS2019, another year of J1 VISA while waiting for the Hardship to be approved? 

 

On 1/10/2023 at 4:01 PM, AnasMD said:

Yes, you’re eligible for DS2019 as long as DOS hasn’t issued a favorable recommendation yet.

 

On 1/10/2023 at 5:45 PM, J1 Physician said:

Can we get a J1 stamped on new DS2019 while the waiver is at DOS?

Does this apply to fellowship visa applications too? I mean, for the fellowship application you get a new statement of need that says you ll go back and your visa application needs DOS approval. Will this cause any issues while the waiver application is pending at USCIS or later at DOS?

 

thanks

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22 minutes ago, Kalaz said:

 

 

 

Does this apply to fellowship visa applications too? I mean, for the fellowship application you get a new statement of need that says you ll go back and your visa application needs DOS approval. Will this cause any issues while the waiver application is pending at USCIS or later at DOS?

 

thanks

No, I asked my lawyer about this and emphasized that I will get a new SON and start a fellowship with a different institution. He confirmed that that’s absolutely fine.

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Filed: Other Country: Angola
Timeline

Hello, I am wondering if anyone is still contributing to this thread and if any of you got your waivers approved. I have been waiting less than all of you, but I would love to know where the DOS right now in the process. I heard that they are trying to speed up because they have been so behind since pandemic. I really hope the processing times for this type of waiver will get decreased it is insane how much time people wait.  

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9 hours ago, Ghugho said:

Greetings Everyone,

 

I apologize for my delayed response. It has been an incredibly long journey for me. I've been reading through the comments, and while some people reached out to me, I couldn't find the strength to reply and update about my case. You see, my heart shattered when my Hardship waiver was denied last year. The entire process, from the moment I started the case to receiving the dreaded Not Favorable Recommendation, took over two and half years. I used to be a relatively normal person, but this ordeal pushed me to the brink of despair. I had to resort to depression and anxiety medication to cope, and panic attacks became a regular occurrence. Weekly therapy sessions were essential, as my mental health was in tatters. The strain took a toll on my professional life, resulting in the loss of a few jobs on the way. To add insult to injury, at the age of just thirty-four, I was diagnosed with high cholesterol, high blood pressure, and prediabetes.

 

I understand that some may find the above paragraph somewhat dramatic, especially if they haven't had to endure the agony of waiting for more than 30 months just to receive a simple "Yes" or "No" in their case while they have hardship. While it might be true that my hardship case may have been deemed weak by some, I firmly believed it had a strong foundation, as affirmed by three attorneys I consulted. What I struggled to come to terms with was the interminable waiting and the incessant checking of my case status online. Even though my case had been approved for over six months, I unintentionally found myself compulsively refreshing the DOS website.

 

But here's the good news: I finally received approval this year through the prosecution route. You can find the detailed timeline attached. I strongly urge anyone facing the fear of returning to a country ravaged by war or terrorism, especially if there are concerns that people back home may view you as an American agent or if you have a political background and face threats, to consider pursuing the prosecution route. This approach eliminates the step of seeking sponsors' views for government funding J1 waivers.

 

I sincerely hope that the Department of State (DOS) recognizes the immense impact their actions have on people's lives. It is disheartening that the adjudication of a hardship waiver, which should not take more than a month, has been prolonged unnecessarily. In my case, they didn't even request Sponsor Views for an entire year. I truly wish that someone within the DOS would come across this message and convey the urgency of the situation to the policymakers responsible for the decision to extend the adjudication period for hardship cases to two years, starting from 2018-2019. Previously, it used to take no more than six months or even less. I hope they have a change of heart and realize that we are not just abstract cases, but real people with real families, including children. It's important to note that there are fewer than 400** J1 cases each year based on hardship or prosecution. It should not take them more than three months to come up with recomendations. I am not suggesting that they approve every case, but at the very least, provide us with a timely response, whether it is an approval or denial. The prolonged period of uncertainty is causing immense suffering to individuals and their families.

 

If any of you have experienced a decline in your mental well-being during this process, I wholeheartedly recommend seeking professional help. I understand the initial hesitancy, but believe me, it made a tremendous difference, and I started feeling better. If anyone wishes to discuss their case or mental health, please don't hesitate to reach out to me via direct message. I'll do my best to respond to your comments and provide support whenever possible. Please do not ask any questions regarding the specifics of both cases and I am an Asian, I will not specify my country as well. I feel very much normal now, I am off of medication although it took sometime to wean off. But this case has left a permanent scar on my soul.

 

** look in the bottom for J1 waiver statistics https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics.html

Really sorry for what you've been going through and congrats on your approval (finally!). 
Could you please tell us: 

- your country of origin

- whether you had government funding 

- the attorney that helped you with the prosecution case

 

 

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Hello all, 

 

I am very glad to have found this forum because I am currently at a major crossroads. My J-1 status expires on June the 30th, 2023. I filed an exceptional hardship waiver request which has been pending with the DoS for over 52 weeks now (see below).

 

46778447_DepartmentofState_CaseStatus.thumb.PNG.e120eb05ddc278a3afec5a32b0e84b63.PNG

 

I do have a job offer in hand, and my prospective employer (HCA hospital group) is willing file a Conrad-30 waiver for me, or file an H1-B if the exceptional hardship waiver comes through in time.

 

My issue now is whether or not to give the exceptional hardship waiver a few more weeks or to activate the Conrad-30 route (which as I understand it would nullify my existing exceptional hardship waiver filing).

 

So my question is this: is anyone aware of anybody that had their exceptional hardship waiver decision recently approved/denied by the US DoS (in April or May 2023) and how long did it take? 

 

 

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On 4/18/2023 at 5:19 PM, AM820 said:

Hello guys, 

I hope everyone is doing well and everyone gets his/her waiver soon. 
I have pending waiver for more than 13 months now since I-612/I-613 received by DOS. I am wondering what is the average processing time at DOS right now? 
also attached is my timeline and documents. Could you please take a look and let me know if everything looks good and everything is already received by DOS. I see “other” at timeline of some people and I am afraid that something might be missing from my case. 
thanks and I really appreciate your thoughts 40E48BAF-1496-4F02-8049-9DD50361DCE1.jpeg.0810ce8b8c75e2b20b7288c2cd040f3a.jpeg

Hello there! Any update on your case? I filed for the same waiver and our timelines are similar. Would greatly appreciate a response. 

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3 hours ago, Timotheus_X said:

Hello there! Any update on your case? I filed for the same waiver and our timelines are similar. Would greatly appreciate a response. 

Unfortunately no updates yet. Once change I will update you guys here. Please I would appreciate if you keep us updated  as well. 

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18 hours ago, Ghugho said:

Greetings Everyone,

 

I apologize for my delayed response. It has been an incredibly long journey for me. I've been reading through the comments, and while some people reached out to me, I couldn't find the strength to reply and update about my case. You see, my heart shattered when my Hardship waiver was denied last year. The entire process, from the moment I started the case to receiving the dreaded Not Favorable Recommendation, took over two and half years. I used to be a relatively normal person, but this ordeal pushed me to the brink of despair. I had to resort to depression and anxiety medication to cope, and panic attacks became a regular occurrence. Weekly therapy sessions were essential, as my mental health was in tatters. The strain took a toll on my professional life, resulting in the loss of a few jobs on the way. To add insult to injury, at the age of just thirty-four, I was diagnosed with high cholesterol, high blood pressure, and prediabetes.

 

I understand that some may find the above paragraph somewhat dramatic, especially if they haven't had to endure the agony of waiting for more than 30 months just to receive a simple "Yes" or "No" in their case while they have hardship. While it might be true that my hardship case may have been deemed weak by some, I firmly believed it had a strong foundation, as affirmed by three attorneys I consulted. What I struggled to come to terms with was the interminable waiting and the incessant checking of my case status online. Even though my case had been approved for over six months, I unintentionally found myself compulsively refreshing the DOS website.

 

But here's the good news: I finally received approval this year through the prosecution route. You can find the detailed timeline attached. I strongly urge anyone facing the fear of returning to a country ravaged by war or terrorism, especially if there are concerns that people back home may view you as an American agent or if you have a political background and face threats, to consider pursuing the prosecution route. This approach eliminates the step of seeking sponsors' views for government funding J1 waivers.

 

I sincerely hope that the Department of State (DOS) recognizes the immense impact their actions have on people's lives. It is disheartening that the adjudication of a hardship waiver, which should not take more than a month, has been prolonged unnecessarily. In my case, they didn't even request Sponsor Views for an entire year. I truly wish that someone within the DOS would come across this message and convey the urgency of the situation to the policymakers responsible for the decision to extend the adjudication period for hardship cases to two years, starting from 2018-2019. Previously, it used to take no more than six months or even less. I hope they have a change of heart and realize that we are not just abstract cases, but real people with real families, including children. It's important to note that there are fewer than 400** J1 cases each year based on hardship or prosecution. It should not take them more than three months to come up with recomendations. I am not suggesting that they approve every case, but at the very least, provide us with a timely response, whether it is an approval or denial. The prolonged period of uncertainty is causing immense suffering to individuals and their families.

 

If any of you have experienced a decline in your mental well-being during this process, I wholeheartedly recommend seeking professional help. I understand the initial hesitancy, but believe me, it made a tremendous difference, and I started feeling better. If anyone wishes to discuss their case or mental health, please don't hesitate to reach out to me via direct message. I'll do my best to respond to your comments and provide support whenever possible. Please do not ask any questions regarding the specifics of both cases and I am an Asian, I will not specify my country as well. I feel very much normal now, I am off of medication although it took sometime to wean off. But this case has left a permanent scar on my soul.

 

** look in the bottom for J1 waiver statistics https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics.html

J1 Hardship Waiver Timeline.JPG

J1 Prosecution Waiver Timeline.JPG

Congratulations for getting it at last. I agree with whatever you said. If DoS is just keeping the hardship files and find it hard to decide on time, they should remove this category from waiver as there slow processing makes the hardship manifolds. Like you mentioned it wasn't a hardship case based on you but ultimately you also fell into a hardship and nobody cares for your suffering as you aren't a USC. 

People in no objection, IGA, state category who applied in start of 2023 are getting decisions but hardship cases from 2021 are still pending. On one side, people crossing borders are getting protections and legal people with genuine cases are getting denied after dragging their cases for 2-3 years. It's definitely flawed system destroying families and bright minds. 

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22 hours ago, Timotheus_X said:

Hello all, 

 

I am very glad to have found this forum because I am currently at a major crossroads. My J-1 status expires on June the 30th, 2023. I filed an exceptional hardship waiver request which has been pending with the DoS for over 52 weeks now (see below).

 

46778447_DepartmentofState_CaseStatus.thumb.PNG.e120eb05ddc278a3afec5a32b0e84b63.PNG

 

I do have a job offer in hand, and my prospective employer (HCA hospital group) is willing file a Conrad-30 waiver for me, or file an H1-B if the exceptional hardship waiver comes through in time.

 

My issue now is whether or not to give the exceptional hardship waiver a few more weeks or to activate the Conrad-30 route (which as I understand it would nullify my existing exceptional hardship waiver filing).

 

So my question is this: is anyone aware of anybody that had their exceptional hardship waiver decision recently approved/denied by the US DoS (in April or May 2023) and how long did it take? 

 

 

We can’t unfortunately give you a definitive answer. They might answer in the coming days and they can also take 4-6 more months to answer. And If you have government funding, it will add more months. 
 

Personally, If Conrad takes less than 6 months I would just go ahead and do it. If not and I can afford to wait for an additional 6 months, I would wait then do Conrad if Hardship is denied. It really depends on your status and what will happen if you wait and then your Hardship is denied.

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52 minutes ago, HardshipWaiverApr said:

Hello all,

My case looks like below does anyone know why there is 2 sponsor views status and what does it mean? I just have government funding from DOS.

IMG_6425.jpeg

This is normal. It looks DoS has multiple offices where one requests sponsor views and other acknowledges this request. 

Your next row will be sponsor views "received" and then recommendation. 

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On 5/3/2023 at 9:39 AM, Timotheus_X said:

Hello all, 

 

I am very glad to have found this forum because I am currently at a major crossroads. My J-1 status expires on June the 30th, 2023. I filed an exceptional hardship waiver request which has been pending with the DoS for over 52 weeks now (see below).

 

46778447_DepartmentofState_CaseStatus.thumb.PNG.e120eb05ddc278a3afec5a32b0e84b63.PNG

 

I do have a job offer in hand, and my prospective employer (HCA hospital group) is willing file a Conrad-30 waiver for me, or file an H1-B if the exceptional hardship waiver comes through in time.

 

My issue now is whether or not to give the exceptional hardship waiver a few more weeks or to activate the Conrad-30 route (which as I understand it would nullify my existing exceptional hardship waiver filing).

 

So my question is this: is anyone aware of anybody that had their exceptional hardship waiver decision recently approved/denied by the US DoS (in April or May 2023) and how long did it take? 

 

 

I'd explore getting an O1 visa till your hardship is accepted (which seems very close). If you go the Conrad 30 route, you will lock yourself with the hospital for 4 years at least. Ask them if they are willing to sponsor O1 visa which should not be too hard for physicians to qualify for.

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8 hours ago, Magnet said:

I'd explore getting an O1 visa till your hardship is accepted (which seems very close). If you go the Conrad 30 route, you will lock yourself with the hospital for 4 years at least. Ask them if they are willing to sponsor O1 visa which should not be too hard for physicians to qualify for.

I agree O-1 is a better option than Conrad 30 imo. Just do it with a lawyer that handles A LOT of O-1visas.  Some jobs don't let you choose your lawyer and have their own lawyer but if they do let you choose the lawyer, do a lot of research before picking a lawyer. Chen Immigration Attorneys (North America Immigration Law Group) is really good.

 

Also take into account that once your O-1 gets approved with USCIS, you need to leave the country and go to an embassy to get an O-1 visa stamp. You can not change your status to o-1 while in the country. 

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