J1 Hardship Waiver 2021-2022 Timeline

[Sabina Bart 28]

12 minutes ago, SofiaJ1FilipinaEH said:

@extreme_hardship

What’s the situation of this person? 
it is self funding or government funding?

is it eh for USC spouse?

 

Oh so sad! Looks like it is not gov funded for gov it usually says sponsor views  

[DrFood 9]

On 11/30/2023 at 11:29 AM, extreme_hardship said:

Not mine, but discouraging.

 

What is Other here?? It was received by DoS months after 602/3

[Wyboxcx 49]

2 minutes ago, DrFood said:

What is Other here?? It was received by DoS months after 602/3

It’s probably additional hardship evidence. 

[Hardship_waiver 54]

What happens to the hardship claim if person leaves with USC relative due to status ending. 

[DrFood 9]

49 minutes ago, Hardship_waiver said:

What happens to the hardship claim if person leaves with USC relative due to status ending. 

Question to all and i hope to get a good answer.

 

DoS fully received my exceptional hardship application in Aug-2022. I am married to a USC and we are having a child. 
 

I haven’t filed my green card through marriage yet and waiting on DoS approval.

 

my question, should i go ahead and apply for green card through marriage in hope that DoS will send approval in few months?

 

Please note that, my status and current work authorization will run out in exactly 6 months.
 

[Hardship_waiver 54]

2 minutes ago, DrFood said:

Question to all and i hope to get a good answer.

 

DoS fully received my exceptional hardship application in Aug-2022. I am married to a USC and we are having a child. 
 

I haven’t filed my green card through marriage yet and waiting on DoS approval.

 

my question, should i go ahead and apply for green card through marriage in hope that DoS will send approval in few months?

 

Please note that, my status and current work authorization will run out in exactly 6 months.
 

As you are married to a USC, even if you apply i-485 and they later deny it due to non presence of waiver at the time of application, you can reapply. 

 

It's upon their discretion if they want to approve i-485 after waiver approval but with a pending waiver at the time of filing. 

 

It's totally up to you as the worst you will lose is i-485 filing fee, but will avoid job loss on the good side. 

 

Seeing your timeline, it might take another 6-8 months to get decision and then you will apply i-485, so you should expect a period without work authorization for sometime in this case 

[DrFood 9]

7 minutes ago, Hardship_waiver said:

As you are married to a USC, even if you apply i-485 and they later deny it due to non presence of waiver at the time of application, you can reapply. 

 

It's upon their discretion if they want to approve i-485 after waiver approval but with a pending waiver at the time of filing. 

 

It's totally up to you as the worst you will lose is i-485 filing fee, but will avoid job loss on the good side. 

 

Seeing your timeline, it might take another 6-8 months to get decision and then you will apply i-485, so you should expect a period without work authorization for sometime in this case 

That is very helpful!! My lawyer is against me applying for GC now, however, if I don't I will lose my work authorization and 6 figures job. In fact, my family is dependent 100% on my salary and any distribution will put us in starvation.
I don't think I have the best layer. 

[Hardship_waiver 54]

2 minutes ago, DrFood said:

That is very helpful!! My lawyer is against me applying for GC now, however, if I don't I will lose my work authorization and 6 figures job. In fact, my family is dependent 100% on my salary and any distribution will put us in starvation.
I don't think I have the best layer. 

Lawyer is giving you a good legal advice but only you understand your financial and family situation. With DOS delays, it's hardly possible to retain a non-immigrant status due to their limited expiry periods. 

That's why we see more people taking risk of applying GC with pending waiver. Some get successful some denied. 

[DrFood 9]

3 minutes ago, Hardship_waiver said:

Lawyer is giving you a good legal advice but only you understand your financial and family situation. With DOS delays, it's hardly possible to retain a non-immigrant status due to their limited expiry periods. 

That's why we see more people taking risk of applying GC with pending waiver. Some get successful some denied. 

You are right. As I have no other option to stay legal and continue my employment to provide for my family, I will proceeding with GC application.
I would like to mention also that I have submitted multiple expedite requests for the DoS and explained my situation, but no luck.

[Wyboxcx 49]

30 minutes ago, DrFood said:

Question to all and i hope to get a good answer.

 

DoS fully received my exceptional hardship application in Aug-2022. I am married to a USC and we are having a child. 
 

I haven’t filed my green card through marriage yet and waiting on DoS approval.

 

my question, should i go ahead and apply for green card through marriage in hope that DoS will send approval in few months?

 

Please note that, my status and current work authorization will run out in exactly 6 months.
 

I was also strongly advised against filing for the green card without the waiver in hand by 3 different lawyers I consulted. The issue is that the USCIS manual requires the adjudicating officer to deny your case based on your 2 year rule ineligibility and not wait till you get the waiver. I even saw a case of someone who got their green card denied even though she got the waiver by the time she reached her interview stage and USCIS reasoning behind this denial is the fact that she was ineligible to apply for adjustment when she filed for adjustment. It is crazy but unfortunately that is how it is. It is a big risk . I just wish this whole nightmare process would end faster. It’s hardship on top of hardship. 

[Hardship_waiver 54]

3 minutes ago, Wyboxcx said:

I was also strongly advised against filing for the green card without the waiver in hand by 3 different lawyers I consulted. The issue is that the USCIS manual requires the adjudicating officer to deny your case based on your 2 year rule ineligibility and not wait till you get the waiver. I even saw a case of someone who got their green card denied even though she got the waiver by the time she reached her interview stage and USCIS reasoning behind this denial is the fact that she was ineligible to apply for adjustment when she filed for adjustment. It is crazy but unfortunately that is how it is. It is a big risk . I just wish this whole nightmare process would end faster. It’s hardship on top of hardship. 

What happens if i-485 gets denied? You can reapply if you have a USC spouse. Right?

At least you get a status and EAD while waiting for this nightmare waiver. 

[Hardship_waiver 54]

6 minutes ago, DrFood said:

You are right. As I have no other option to stay legal and continue my employment to provide for my family, I will proceeding with GC application.
I would like to mention also that I have submitted multiple expedite requests for the DoS and explained my situation, but no luck.

Expedite and congressional inquiries are of no use now. 

[Wyboxcx 49]

2 minutes ago, Hardship_waiver said:

What happens if i-485 gets denied? You can reapply if you have a USC spouse. Right?

At least you get a status and EAD while waiting for this nightmare waiver. 

You can apply again but you will lose your money ($1400) and if you are working on the EAD based on adjustment you will also lose that EAD. 

[Wyboxcx 49]

Also, it worth mentioning: the reason why the attorneys I consulted with all advised me against filing for adjustment without having the waiver first is according to them Adjustment applications are being decided much faster these days so it’s unlikely to get the waiver before the interview. 

[DrFood 9]

7 minutes ago, Wyboxcx said:

Also, it worth mentioning: the reason why the attorneys I consulted with all advised me against filing for adjustment without having the waiver first is according to them Adjustment applications are being decided much faster these days so it’s unlikely to get the waiver before the interview. 

It is infact a complicated situation. However, if i am the only provider to my family and cannot work, isn’t that a hardship on a us citizen and a child? Assuming wife has a valid reasons not to work.