J1 Hardship Waiver 2021-2022 Timeline

[J1 Physician 4]

11 minutes ago, ErinK said:

Maybe that's the point? They want to make the process so long that no one applies! 

It’s better to reject it then so people can move on

[PeterW 17]

40 minutes ago, J1 Physician said:

It’s better to reject it then so people can move on

You are right. People can consider some other countries. No need to stick to the waiting.

[Hardship_waiver 54]

11 hours ago, PeterW said:

You are right. People can consider some other countries. No need to stick to the waiting.

There are total five categories for J-1 waiver. The other four categories move comparatively faster (even if they might not involve a U.S. citizen). This hardship (with a U.S. citizen involvement) has become the worst category. When USCIS moves it to DOS, it already means that there is a serious hardship. Majority of the people in this group have their status already expired or expiring soon (as they applied earlier, but then DOS suddenly decided to increase processing time multiple times). Those with expired status waiting for waiver risk there immigration or stay here without any job. If the applicant has to go back due to status expiry, what is the purpose of J-1 waiver? I have seen a member here who moved back due to status expiry and waiting in his country for the waiver (It means his USC spouse or child has already starting seeing the hardship). The person might complete two years in home country, but waiver might still be pending. 

I myself have become a patient due to extreme stress only due to this waiver (Now I have my own hardship but that doesn't matter).  

 

Why only hardship category has to face it? Why not IGA, why not NOS, persecution, conrad30 or state? These categories people can survive, but with hardship delays, it might cost USC spouse or child a life (expedite requests have become useless now). 

Give people their decision, so they plan better for their USC spouse or child health instead of making their lives worse. 

[Robble42 6]

On 12/2/2022 at 8:50 AM, Hardship_waiver said:

We saw a delay in case status updating when the USCIS sent our hardship application to the DOS. DOS received our case in early August 2021, but didn't update its website until October 2021...

[Hardship_waiver 54]

2 minutes ago, Robble42 said:

We saw a delay in case status updating when the USCIS sent our hardship application to the DOS. DOS received our case in early August 2021, but didn't update its website until October 2021...

That's a two month delay. Many of our members here have five months delay in initial uploading and also five months delay in uploading I-612/I-613. 

[Robble42 6]

On 12/2/2022 at 4:18 PM, DrIdaddoq said:

New recommendation on a case (not mine) from January 2022. While most of the rest pending from August, September and October 2021. Definitely they're not going chronologically. 

What's the case number? Maybe this could be used in a mandamus suit to show undue delay... 

All of these are physical files sitting on the desks of DOS employees. I doubt they have a good system of first in, first out. 

[g3dan00 20]

2 minutes ago, Robble42 said:

What's the case number? Maybe this could be used in a mandamus suit to show undue delay... 

All of these are physical files sitting on the desks of DOS employees. I doubt they have a good system of first in, first out. 

No way. Nothing in immigration is first in first out. Everything is "case by case". 

[PeterW 17]

47 minutes ago, Hardship_waiver said:

There are total five categories for J-1 waiver. The other four categories move comparatively faster (even if they might not involve a U.S. citizen). This hardship (with a U.S. citizen involvement) has become the worst category. When USCIS moves it to DOS, it already means that there is a serious hardship. Majority of the people in this group have their status already expired or expiring soon (as they applied earlier, but then DOS suddenly decided to increase processing time multiple times). Those with expired status waiting for waiver risk there immigration or stay here without any job. If the applicant has to go back due to status expiry, what is the purpose of J-1 waiver? I have seen a member here who moved back due to status expiry and waiting in his country for the waiver (It means his USC spouse or child has already starting seeing the hardship). The person might complete two years in home country, but waiver might still be pending. 

I myself have become a patient due to extreme stress only due to this waiver (Now I have my own hardship but that doesn't matter).  

 

Why only hardship category has to face it? Why not IGA, why not NOS, persecution, conrad30 or state? These categories people can survive, but with hardship delays, it might cost USC spouse or child a life (expedite requests have become useless now). 

Give people their decision, so they plan better for their USC spouse or child health instead of making their lives worse. 

I can totally understand your feeling. My US child has complicated medical problem and our J will expire right after Christmas in this month. My emotion is very very very bad due to the delayed processing time in DOS. If we go back to the home country, there is no doubt that the US child will be in exceptional hardship condition rapidly. very limited medical care, no education available for her. Most of the J1 visa holders are making significant contribution to the US. I have no idea why DOS has to put the hardship applicants to real hard ship! 

[Robble42 6]

2 minutes ago, g3dan00 said:

No way. Nothing in immigration is first in first out. Everything is "case by case". 

Yes, that might be how it actually works, but that's not what they tell us (so we can use their own words against them). We've just hit month 16, and this was from October 2022. I feel like the highlighting was unnecessary--that's very snarky.

[Hardship_waiver 54]

27 minutes ago, PeterW said:

I can totally understand your feeling. My US child has complicated medical problem and our J will expire right after Christmas in this month. My emotion is very very very bad due to the delayed processing time in DOS. If we go back to the home country, there is no doubt that the US child will be in exceptional hardship condition rapidly. very limited medical care, no education available for her. Most of the J1 visa holders are making significant contribution to the US. I have no idea why DOS has to put the hardship applicants to real hard ship! 

Thank you for understanding. It really helps. 

A) Those with USC child (medical hardship) are having worst-ever times. They cannot stay here after their status as their overstay cannot be forgiven. A child has his whole life ahead and any negative consequences can ruin his/her whole life. Should we take risk of their life by going back or stay here risking our future status?  Being a parent, I can sacrifice myself for my child.

B) If you read 1 case a week, a person can finish 40 cases a year. I hope they have enough employees. 

C) I have contacted senator, congressperson but of no advantage. Who else we can try contacting?

[Wyboxcx 49]

I think the delay in hardship cases is partly due to the effects of covid backlog, and partly deliberate policy. The Biden admin probably wants to make it stricter for US citizen spouses to stay here and that's why they just delay and delay to make the hardship process pointless, they want us to spend two years in limbo anyway, either here or back in the home country. Is it fair? absolutely not! it's just so incredibly sad that hardship waivers have become a form of hardship in and of themselves. 

[Hardship_waiver 54]

7 minutes ago, Freidrichm said:

I think the delay in hardship cases is partly due to the effects of covid backlog, and partly deliberate policy. The Biden admin probably wants to make it stricter for US citizen spouses to stay here and that's why they just delay and delay to make the hardship process pointless, they want us to spend two years in limbo anyway, either here or back in the home country. Is it fair? absolutely not! it's just so incredibly sad that hardship waivers have become a form of hardship in and of themselves. 

I thought Biden is immigration friendly. Why he doesn't want partners to stay together?

Previously, I always heard and thought that US citizens are their first priority. 

[Hardship_waiver 54]

I emailed WRD yesterday and got two replies today to my single email. See the difference.

 

[Wyboxcx 49]

Exactly, because the Biden admin is "friendly" they want exchange visitors to go back to their countries and help fulfill the program goals, so they act difficult about granting waivers. It's all political in the end. 

[ErinK 35]

54 minutes ago, Hardship_waiver said:

Thank you for understanding. It really helps. 

A) Those with USC child (medical hardship) are having worst-ever times. They cannot stay here after their status as their overstay cannot be forgiven. A child has his whole life ahead and any negative consequences can ruin his/her whole life. Should we take risk of their life by going back or stay here risking our future status?  Being a parent, I can sacrifice myself for my child.

B) If you read 1 case a week, a person can finish 40 cases a year. I hope they have enough employees. 

C) I have contacted senator, congressperson but of no advantage. Who else we can try contacting?

I have contacted  EVERYONE I could think of. We even wrote to the president. DoS doesn't listen to anyone. If life of a U.S citizen minor being in danger is not grounds  for expedited processing what is?!! I think the expedited processing option is just for show and a formality