J1 Hardship Waiver 2021-2022 Timeline

[Marix21 7]

40 minutes ago, Hardship LM said:

LOL I had to stop myself from doing that because it was way too much stress every time. So now I check once a day or every other day, and the days that I don't check my mental health is way better! haha   My J1 expires in 11 days, I 'll be leaving the country soon but my lawyer suggested to stay here even after J1 expires... I can't do it due to my finances but any thoughts ?

He suggested that? I always heard not to stay illegally

[Hardship_waiver 54]

Just now, Marix21 said:

He suggested that? I always heard not to stay illegally

The problem with hardship waiver is that you have an exceptional hardship with spouse or child and if your visa ends and you leave, it means you are ok if hardship waiver isn't approved. Case gets weak. Maybe. 

[g3dan00 20]

3 minutes ago, Marix21 said:

He suggested that? I always heard not to stay illegally

I'm not a lawyer, but as far as I know  J-1 Visa Holders have a 30 day grace period after the end date on their DS-2019 Form. 

[ErinK 35]

1 hour ago, Hardship_waiver said:

The problem with hardship waiver is that you have an exceptional hardship with spouse or child and if your visa ends and you leave, it means you are ok if hardship waiver isn't approved. Case gets weak. Maybe. 

But your case is already passed through USCIS and is with DoS now. I don't think anything you do now weakens or strengthen your case. I don't think they would even know or care if you left. 

 

 My understanding is that if you fall out of status, you won't be able to do AOS later. That's what my lawyer said. It's never a good idea to overstay your visa. You do have 30 days of grace period after the end date of your DS2019 though. So you are legal for the next 41 days if your DS2019 expires in 11 days. 

[Hardship_waiver 54]

9 minutes ago, ErinK said:

But your case is already passed through USCIS and is with DoS now. I don't think anything you do now weakens or strengthen your case. I don't think they would even know or care if you left. 

 

 My understanding is that if you fall out of status, you won't be able to do AOS later. That's what my lawyer said. It's never a good idea to overstay your visa. You do have 30 days of grace period after the end date of your DS2019 though. So you are legal for the next 41 days if your DS2019 expires in 11 days. 

You are right about AOS. 

DOS has a lot of say in hardship waivers and passing through USCIS doesn't mean that it will be approved. A lot of people are falling out of status or leaving as DOS delays are soooo long. Hard times. 

[Wyboxcx 49]

Does anyone know what is going on at the DOS? why is processing hardship cases taking them so long? why is hardship waiver processing longer than persecution? 

[DrIdaddoq 22]

On 9/19/2022 at 10:51 PM, Freidrichm said:

Does anyone know what is going on at the DOS? why is processing hardship cases taking them so long? why is hardship waiver processing longer than persecution? 

According to AILA DOS liaison, it's been taking 9-13 months estimate due to COVID backlog. 

[SMARCA4 15]

I’ve heard about another approval for a hardship waiver last week. I-612 received by DOS in June 2021.

Edited September 25, 2022 by AnasMD

[J1 wavier_09/2022 3]

Hi Guys, I just submitted I612 to USCIS, it looks it will take around 2 years to get the hardship wavier. What to do during this time? If the hardship is no longer hardship anymore after two years, such as the disease had been cured. Will it affect the wavier?

Edited September 25, 2022 by J1 wavier_09/2022

[J1 wavier_09/2022 3]

5 hours ago, AnasMD said:

I’ve heard about another approval for a hardship waiver last week. I-612 received by DOS in June 2021.

How long did it take in USCIS? 

[J1 wavier_09/2022 3]

On 8/21/2022 at 4:10 PM, Lilly999 said:

No I did not expedite but I did not have govt. funding. My case was received by DOS in early March. Hang in there! I have heard of many approvals recently and hopefully yours will come soon.

do you know whey your case was processed so fast? Is there any trick to be considered? Thanks a lot. 

[Hardship_waiver 54]

6 minutes ago, J1 wavier_09/2022 said:

Hi Guys, I just submitted I612 to USCIS, it looks it will take around 2 years to get the hardship wavier. What to do during this time? If the hardship is no longer hardship anymore after two years, such as the disease had been cured. Will it affect the wavier?

That is the worst part of hardship waiver. We apply for waiver of two years requirement and it takes two years to just see the decision. In these two years, you live and die every day, some people lose status, some people have to go back with leaving there hardship facing child or spouse behind. Two years is a long time for anyone facing hardship. Tension adds to the hardship and slows recovery for sure. No one understands. 

[Lilly999 5]

1 hour ago, J1 wavier_09/2022 said:

do you know whey your case was processed so fast? Is there any trick to be considered? Thanks a lot. 

I have no idea why it was processed faster than some others. Unfortunately don’t know any tricks. Wishing you all the best with your case. 

[Marix21 7]

My i612 was sent bg USCIS on May 24th and just updated as received on Sep 21st

[J1 wavier_09/2022 3]

1 hour ago, Marix21 said:

My i612 was sent bg USCIS on May 24th and just updated as received on Sep 21st

How long did it take in USCIS? I just submitted to USCIS in last week, will I receive a case number to follow it when it is in USCIS? I just saw my check was cashed today. 

Edited September 26, 2022 by J1 wavier_09/2022