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Hardship waiver

J1 Hardship Waiver 2021-2022 Timeline

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Just now, AM820 said:

Guys, how many of us has his application pending with DOS (only) for more than 12 months? I am #1 my DOS received March 10, 2022. Can we try to count to try to get a pattern? Thanks! 

1) we are less than 10% of all applicants in this forum. 

2) there are many pending applications posted if you dig into the forum rather than reposting 

3) there is no pattern 

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13 minutes ago, g3dan00 said:

1) we are less than 10% of all applicants in this forum. 

2) there are many pending applications posted if you dig into the forum rather than reposting 

3) there is no pattern 

Thanks for sharing your thoughts. It's tough to know the exact number of applicants in this forum, and older posts don't always mean those cases are still pending. We might not see a pattern, but it's good to keep an open mind and share helpful information. Your response might not be particularly helpful to some, but let's focus on supporting each other and creating a positive environment for everyone here. 

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On 5/8/2023 at 6:36 PM, Freidrichm said:

Oh my god. That’s insane!! Have you considered filing a writ of mandamus?

Hi, my case is just over the 1 year mark with US DoS (received 4/25/2022). 

 

I am considering filing this writ of mandamus thing, mainly because I will be running out J-1 status in June '23. Do you (or anyone you know) have any experience with filing the WoM against the US DoS? Is it effective, and does it buy any time at all? 

Edited by Timotheus_X
Date error.
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15 hours ago, Timotheus_X said:

Hi, my case is just over the 1 year mark with US DoS (received 4/25/2022). 

 

I am considering filing this writ of mandamus thing, mainly because I will be running out J-1 status in June '23. Do you (or anyone you know) have any experience with filing the WoM against the US DoS? Is it effective, and does it buy any time at all? 

Filing a lawsuit does not buy you time. It's a 2-3 months-long process. When you sue them they have (I think) 90 days to respond and they may wait until the last minute and then ask for more time which the judge may or may not agree with. So I would have a backup plan if your status is running out in June. 

 

Filing a lawsuit does ultimately force them to decide on your case though. I think anyone who can afford the fees and has a case that is pending with DoS for more than a year should file a lawsuit. It's expensive. Lawyers charge anywhere between 5-10k to file them which is the main reason I haven't filed one yet. 

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2 hours ago, ErinK said:

Filing a lawsuit does not buy you time. It's a 2-3 months-long process. When you sue them they have (I think) 90 days to respond and they may wait until the last minute and then ask for more time which the judge may or may not agree with. So I would have a backup plan if your status is running out in June. 

 

Filing a lawsuit does ultimately force them to decide on your case though. I think anyone who can afford the fees and has a case that is pending with DoS for more than a year should file a lawsuit. It's expensive. Lawyers charge anywhere between 5-10k to file them which is the main reason I haven't filed one yet. 

FYI lawsuit may prompt the DoS to take action, but this doesn't guarantee a positive outcome. Therefore, it's important to have a plan in place before filing a lawsuit, including what your next steps will be if your hardship case is ultimately rejected by the DoS. In my opinion, if possible, explore options for extending your J-1 visa.

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On 3/9/2022 at 12:19 PM, COPK said:

Hi, I have a similar case too. My hardship waiver with USCIS started in 2019. And in March 2021 USCIS requested DOS opinion. I didn’t know that we can apply to DOS at same time, so I sent my waiver application to DOS 6 months after USCIS requested their opinion. DOS received my I-612 and I-613 in December 2021 and I haven’t got any updates since then. I’m not sure what to do now. Should I email them or contact my local congress office for help?

 

On 5/8/2023 at 8:36 PM, Saysono said:

Early feb 2022 at DOS. No funding. Still waiting. Tried reaching out to senator but seems like no response 

Hi, I am trying to reach to the senator here too. They received all my complete documents earlier this year I know it’s early but I also have I-485 pending because of that, I am super concerned and I cannot really get any new visa unfortunately. Did anyone try to expedite not on humanitarian basis? Like if your spouse is veteran with disability I wonder if it counts?! 

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