J1 Hardship Waiver 2021-2022 Timeline

[Amr1983 1]

My sponsor view received June 16th and the case still pending 

[worrieduser 3]

17 minutes ago, Amr1983 said:

My sponsor view received June 16th and the case still pending 

I'm not even there yet, my case still on hold with USCIS 😭

[Auro 3]

The excruciating wait has ended for me. Got the FR from DOS yesterday, however, I am now waiting for the final approval from USCIS, and I hope & pray, you get it soon.

 

[worrieduser 3]

2 minutes ago, Auro said:

The excruciating wait has ended for me. Got the FR from DOS yesterday, however, I am now waiting for the final approval from USCIS, and I hope & pray, you get it soon.

 

Congratulations!!

[Amr1983 1]

18 hours ago, Auro said:

The excruciating wait has ended for me. Got the FR from DOS yesterday, however, I am now waiting for the final approval from USCIS, and I hope & pray, you get it soon.

 

Congratulations!

 

[Sabina Bart 28]

Hi guys, has anyone experienced this- Got FR from DOS back on May 8, 2024 and still USCIS says I am not in the system and DOS claims they forwarded everything to the USCIS and also sent a copy of I-613 to me. Anyways, it’s been over 2 months about to be 3 nothing. I did apply for I-485 before as I was out of status and needed to have something while this I-612 was still processing… I know I shouldn’t have done it but I had no choice because of my status. They denied my I-485 couple of days ago claiming they never got anything on I-612 even though DOS forwarded everything. I have no idea what to do. I will probably not probably I will have to reopen the case with I-290B because applying for new I-485 is gonna be expensive and it’s a 2 year waiting now. I wonder if I can for now show my DOS Fr, I keep bugging USCIS and even did multiple inquiries and started another one yesterday with a congresswoman. It’s ridiculous how this system screws up everyone. I am trying to prove that the denial was erroneous because I have already DOS’s approval. 

[Wyboxcx 46]

1 minute ago, Sabina Bart said:

Hi guys, has anyone experienced this- Got FR from DOS back on May 8, 2024 and still USCIS says I am not in the system and DOS claims they forwarded everything to the USCIS and also sent a copy of I-613 to me. Anyways, it’s been over 2 months about to be 3 nothing. I did apply for I-485 before as I was out of status and needed to have something while this I-612 was still processing… I know I shouldn’t have done it but I had no choice because of my status. They denied my I-485 couple of days ago claiming they never got anything on I-612 even though DOS forwarded everything. I have no idea what to do. I will probably not probably I will have to reopen the case with I-290B because applying for new I-485 is gonna be expensive and it’s a 2 year waiting now. I wonder if I can for now show my DOS Fr, I keep bugging USCIS and even did multiple inquiries and started another one yesterday with a congresswoman. It’s ridiculous how this system screws up everyone. I am trying to prove that the denial was erroneous because I have already DOS’s approval. 

Sorry to hear. That is definitely not normal to have to wait this long for favorable recommendation from USCIS after DOS approval. I would suggest you reach out to your senator and have them submit an inquiry with USCIS along with a copy of the DOS approval letter. They must locate your approval.

regarding the rejection of the I-485, this scenario is exactly why so many lawyers recommend against filing it while waiting for the waiver simply because you are INELIGIBLE to file for I-485 without the final USCIS approval. Just because some people managed to somehow slip through the system and get approved for I-485 while simultaneously filing I-612 doesn’t mean it will be the case for everyone. The law is clear in this regard: no adjustment of status without an approved waiver first. Unfortunately you will have to refile now and pay the fees again but make sure you have your USCIS waiver approval in hand first. Good luck!

[Sabina Bart 28]

7 minutes ago, Wyboxcx said:

Sorry to hear. That is definitely not normal to have to wait this long for favorable recommendation from USCIS after DOS approval. I would suggest you reach out to your senator and have them submit an inquiry with USCIS along with a copy of the DOS approval letter. They must locate your approval.

regarding the rejection of the I-485, this scenario is exactly why so many lawyers recommend against filing it while waiting for the waiver simply because you are INELIGIBLE to file for I-485 without the final USCIS approval. Just because some people managed to somehow slip through the system and get approved for I-485 while simultaneously filing I-612 doesn’t mean it will be the case for everyone. The law is clear in this regard: no adjustment of status without an approved waiver first. Unfortunately you will have to refile now and pay the fees again but make sure you have your USCIS waiver approval in hand first. Good luck!

Thank you for your response. I was not trying to slip like you said and ignore the system I perfectly understand, but I was out of status and my country has been closed for a very long time because of Covid and opened up literally at the end of 2022, I couldn’t even go anywhere. So I was stuck. I have an attorney and she is suggesting we reopen the case and attach that DOS approval letter. The system is so not fair, some already got their I-612 approvals; while I have to wait for how many months now. I am not going to refile a new I-485. 

[Wyboxcx 46]

1 minute ago, Sabina Bart said:

Thank you for your response. I was not trying to slip like you said and ignore the system I perfectly understand, but I was out of status and my country has been closed for a very long time because of Covid and opened up literally at the end of 2022, I couldn’t even go anywhere. So I was stuck. I have an attorney and she is suggesting we reopen the case and attach that DOS approval letter. The system is so not fair, some already got their I-612 approvals; while I have to wait for how many months now. I am not going to refile a new I-485. 

Did you at least get an RFE for waiver approval before the denied your I-485? How long did you have to wait for the whole AOS? 
I don’t think motion to reopen is effective tbh. Many lawyers recommend just filing a new stronger case . 

[Sabina Bart 28]

Just now, Wyboxcx said:

Did you at least get an RFE for waiver approval before the denied your I-485? How long did you have to wait for the whole AOS? 
I don’t think motion to reopen is effective tbh. Many lawyers recommend just filing a new stronger case . 

No that’s the thing I never received RFE they are supposed at least do that so I can show my DOS approval. I did have an interview I mind you that the officer interviewing me for I-485 said that she would wait for I-612 to be approved and then only proceed. She noted it in my file in front of me. Oh man whole AOS over 2 years, it takes longer now a way longer. 
I am also doing motion to reopen because I cannot lose my job, I have to do it before 30 days expire to keep my EAD. I have husband and kids and mortgage to pay for… 😔

[Sabina Bart 28]

2 minutes ago, Sabina Bart said:

No that’s the thing I never received RFE they are supposed at least do that so I can show my DOS approval. I did have an interview I mind you that the officer interviewing me for I-485 said that she would wait for I-612 to be approved and then only proceed. She noted it in my file in front of me. Oh man whole AOS over 2 years, it takes longer now a way longer. 
I am also doing motion to reopen because I cannot lose my job, I have to do it before 30 days expire to keep my EAD. I have husband and kids and mortgage to pay for… 😔

Also based on the denial letter the officer suggested I-290B, it can work if we show that it was USCIS error not updating me in their system and attaching that DOS approval. Like it’s not my fault how their system is slow, and I already have the whole chronology I built of events and my inquiries.  

[Auro 3]

On 7/26/2024 at 1:16 PM, Auro said:

The excruciating wait has ended for me. Got the FR from DOS yesterday, however, I am now waiting for the final approval from USCIS, and I hope & pray, you get it soon.

 

Update: My case was approved by USCIS on August 2nd, that was quick!

[metehan 2]

my case was with USCIS for 22 months with two RFE's. now it is forwarded to DOS. hope this is some good news, it seems like the processing time has shortened to 3-6 months at DOS, I feel like it was much longer before 

[Auro 3]

Hi all,

I am preparing to file the AOS, your help will be appreciated with this J1 question. Are my responses correct for these questions? I did receive the approval for 2 years home residency waiver letter from the USCIS, do we also receive a separate letter from the Department of State?

[Hardship_waiver 53]

On 8/11/2024 at 12:26 AM, Auro said:

Hi all,

I am preparing to file the AOS, your help will be appreciated with this J1 question. Are my responses correct for these questions? I did receive the approval for 2 years home residency waiver letter from the USCIS, do we also receive a separate letter from the Department of State?

That's correct.