J1 Hardship Waiver 2021-2022 Timeline

[Sabina Bart 28]

3 minutes ago, Wyboxcx said:

I think the main issue is not whether someone ended up overstaying or not, it is the absurd amount of time hardship waiver cases are taking to be processed. Most of the time the lengthy delays cause people to lose status as visas expire and they’re still waiting for a decision for years now. 

This! Thank you! You are so right! Hardship cases create more hardship because some of us are waiting forever 

[J1hardshipwaiverg 3]

I don't think being out of status has anything to do with approving or denying the waiver, plus I do think it makes the hardship waiver case even stronger, I red a lot of cases even fullbtight that were approved even if they were out of status, 

[extreme_hardship 22]

Interesting. I was under the impression that the USCIS always inquires about the current status before forwarding the case to the DOS. 🤔 That being said, I also was under the impression that if the USCIS forwards the case then it was a done deal haha

[J1 Physician 4]

I am back to my home country and received FR just recently from DOS. Any trouble i’ll face with USCIS finally approval that I am not in USA anymore?

[hideaki 10]

10 hours ago, J1 Physician said:

I am back to my home country and received FR just recently from DOS. Any trouble i’ll face with USCIS finally approval that I am not in USA anymore?

Not being in the US shouldn't be a problem for you (I hope you can manage to receive the approval letter from USCIS).

[MC2023 2]

On 11/21/2023 at 10:24 PM, Fisha said:

Hi everyone. I had my hardship waiver approved recently 19 months after my i612 was sent to the DOS. My lawyer filed family based i485 as well in September 2021 and I had an interview in April 2022 while my i612 was still pending. The officer didn’t deny my 485 but didn’t approve it either and my case was sent to another office of Jurisdiction since then. 
my question now since my waiver is already approved by the DOS and recently by USCIS, how long will it take to have my 485 approved if anybody knows?. I appreciate your input. 

Hello! Is there any update on this? We are in the same boat! I hope you read this. Thank you!!!

[PASTJOURNEY18 9]

On 1/8/2024 at 2:46 PM, PJAW said:

I suspect (just a guess), that DOS as a matter of routine does not grant FR for hardship waivers for people who are not in status.  I'd be curious if anyone on this forum has been granted a j1 hardship waiver after having overstayed a visa, for example.  So I worry that some people think they can overstay while waiting for a waiver because they will eventually be forgiven in their adjustment of status, but they may never get the waiver.  Bottom line, as a general rule avoid getting out of status if at all possible.  

I don't agree with this nor do I believe this is true. Every situation is different and the bar actually makes the hardship waiver case stronger with most attorney's that I spoke to - but again, everyone's case is different as to why they are out of status. The argument no longer becomes 2 years, but 10 years instead.

[asevstr 20]

Not mine but a recent one, 364 days.

[Wyboxcx 49]

9 hours ago, asevstr said:

Not mine but a recent one, 364 days.

This person must have had their expedite request approved because I don’t think this happens on its own!

[Sabina Bart 28]

1 hour ago, Wyboxcx said:

This person must have had their expedite request approved because I don’t think this happens on its own!

Or maybe they moved to 2023?! it seems that 2022 cases have been adjudicated especially end of last year… 

10 hours ago, asevstr said:

Not mine but a recent one, 364 days.

When did DOS receive your docs? 

[J1 Physician 4]

3 hours ago, Sabina Bart said:

Or maybe they moved to 2023?! it seems that 2022 cases have been adjudicated especially end of last year… 

When did DOS receive your docs? 

Yes they have moved to Jan 2023. I think they have speeded up a bit . I know someone whose case was sent to DOS in oct 2022, they received FR a week before i did. Mine was with DOS since Nov 2022

[hideaki 10]

There are still a bunch of cases from 2022 that are still pending though. Don't be too optimistic abt the broken system at DOS

[Sabina Bart 28]

30 minutes ago, hideaki said:

There are still a bunch of cases from 2022 that are still pending though. Don't be too optimistic abt the broken system at DOS

Oh yeah? Tell us which cases specific months?! 
Guys, honestly if you have nothing good to say, just don’t really say anything then. I am beyond annoyed by this pessimism already. 

Many pointed that they moved to 2023 and I believe it’s true I personally tracked every case number whoever posted in the past and they have all been adjudicated!! 

[Wyboxcx 49]

4 minutes ago, Sabina Bart said:

Oh yeah? Tell us which cases specific months?! 
Guys, honestly if you have nothing good to say, just don’t really say anything then. I am beyond annoyed by this pessimism already. 

Many pointed that they moved to 2023 and I believe it’s true I personally tracked every case number whoever posted in the past and they have all been adjudicated!! 

Unfortunately what you believe may not necessarily be true. It’s not pessimistic, it’s realistic. DOS operates on its own schedule and I would not be surprised to hear that there are some cases still pending from 2022. 

[Magnet 12]

23 minutes ago, Sabina Bart said:

Oh yeah? Tell us which cases specific months?! 
Guys, honestly if you have nothing good to say, just don’t really say anything then. I am beyond annoyed by this pessimism already. 

Many pointed that they moved to 2023 and I believe it’s true I personally tracked every case number whoever posted in the past and they have all been adjudicated!! 

Go back to page 23 of this thread and there is a bunch of case numbers with pending cases since 2022. They started adjudicating some 2023 cases but that doesn't mean all 2022 are done. They don't go by date as they say.