J1 Hardship Waiver 2021-2022 Timeline

[ErinK 35]

1 hour ago, Hardship612 said:

Hi All. I wish the best for your families and especially with your cases, which surely has an impact on your beloved ones.

I got a FR from DOS on April 28^th, 2022 (8+ months ago) but I’m still waiting for the final letter from USCIS (stating "Case Approved" instead of "Case on Hold"). I submitted an inquiry back in September 2022 and their answer was quite generic, simply stating that the case was pending adjudication; my lawyer submitted another request on December 6^th and the answer was pretty much the same. In December my lawyer also contacted the Ombudsman office but this is the date nothing has happened yet. As you can see in my timeline below, I have spent 29+ months in this entire process, have quit my job, moved back to my country, and continue to wait for this final letter from USCIS. I tried a couple of times last week to connect with a USCIS agent via Emma tool, but the answer was pretty much the same… the case is “within the normal process” and that they couldn’t see any other update to share. I really don’t know what else I can do at this point.

 

Any suggestions/advice?

 

You can file a lawsuit against USCIS. That usually get things moving. 

[DrIdaddoq 22]

12 hours ago, ErinK said:

You can file a lawsuit against USCIS. That usually get things moving. 

I second this. You can file Writ of Mandamus and win. Talk to your lawyer as that’s expensive. 

[Hardship_waiver 54]

17 hours ago, Hardship612 said:

Hi All. I wish the best for your families and especially with your cases, which surely has an impact on your beloved ones.

I got a FR from DOS on April 28^th, 2022 (8+ months ago) but I’m still waiting for the final letter from USCIS (stating "Case Approved" instead of "Case on Hold"). I submitted an inquiry back in September 2022 and their answer was quite generic, simply stating that the case was pending adjudication; my lawyer submitted another request on December 6^th and the answer was pretty much the same. In December my lawyer also contacted the Ombudsman office but this is the date nothing has happened yet. As you can see in my timeline below, I have spent 29+ months in this entire process, have quit my job, moved back to my country, and continue to wait for this final letter from USCIS. I tried a couple of times last week to connect with a USCIS agent via Emma tool, but the answer was pretty much the same… the case is “within the normal process” and that they couldn’t see any other update to share. I really don’t know what else I can do at this point.

 

Any suggestions/advice?

 

That's quite unfortunate. We all were thinking that DOS is the major delay in this process, but seeing this, it's nerve wrecking. It should have been arrived by now. The normal processing time for I-612 cases at California Service Center is 10 months and your case is well beyond that. It's not easy to come here on O-1 and then file i-485, as you already have the waiver. Lawsuit seems the only options as you have already exhausted all options. 

[Hardship612 0]

5 hours ago, DrIdaddoq said:

I second this. You can file Writ of Mandamus and win. Talk to your lawyer as that’s expensive. 

Thank you. Has anyone had the experience taking this route? I’ll explore this with my lawyer, but I have to say without much knowledge/experience in suing a US government agency, I can already see myself worried about future retaliation/impact on the rest of my immigration journey.

[Hardship_waiver 54]

33 minutes ago, Hardship612 said:

Thank you. Has anyone had the experience taking this route? I’ll explore this with my lawyer, but I have to say without much knowledge/experience in suing a US government agency, I can already see myself worried about future retaliation/impact on the rest of my immigration journey.

See this link below that might answer some of your questions.

**A similar thing is required for J-1 waivers. 

 

https://www.immpactlitigation.com/i-601a-delays-mandamus-case-frequently-asked-questions/

[ErinK 35]

3 hours ago, Hardship612 said:

Thank you. Has anyone had the experience taking this route? I’ll explore this with my lawyer, but I have to say without much knowledge/experience in suing a US government agency, I can already see myself worried about future retaliation/impact on the rest of my immigration journey.

It's really not that big of a deal. Immigration lawyers do this all the time and USCIS does not take it personally! They are used to it. 

[Hanijani 8]

After favourable recommendation and getting H1 job, do the J1 and J2 apply for GC at the same time or J1 first and then J2?

[Hardship_waiver 54]

FOR THOSE WITH MEDICAL HARDSHIP:

As DOS is taking extremely long time, follow ups and new medical reports have gathered up. Are you sending them to DOS to show your hardship still prevails or already sent documents are enough? Please advise?

[Magnet 12]

19 hours ago, Hardship_waiver said:

FOR THOSE WITH MEDICAL HARDSHIP:

As DOS is taking extremely long time, follow ups and new medical reports have gathered up. Are you sending them to DOS to show your hardship still prevails or already sent documents are enough? Please advise?

I don’t think so, USCIS is the one that determines if there is extreme hardship or not, so if they already issued a form I613 and sent your file to DOS, that means they already found exceptional hardship and no need to update medical records.

 

I do have a question regarding this scenario but pertaining to DS-2019, I had a new DS-2019 issued after my hardship application was submitted and now in the process of getting another one, do I need to update DOS with the new forms while the case is pending there?

Edited January 26, 2023 by Magnet

[ErinK 35]

2 hours ago, Magnet said:

I don’t think so, USCIS is the one that determines if there is extreme hardship or not, so if they already issued a form I613 and sent your file to DOS, that means they already found exceptional hardship and no need to update medical records.

 

I do have a question regarding this scenario but pertaining to DS-2019, I had a new DS-2019 issued after my hardship application was submitted and now in the process of getting another one, do I need to update DOS with the new forms while the case is pending there?

I don't think so. i didn't

[Hardship_waiver 54]

2 hours ago, Magnet said:

I don’t think so, USCIS is the one that determines if there is extreme hardship or not, so if they already issued a form I613 and sent your file to DOS, that means they already found exceptional hardship and no need to update medical records.

 

I do have a question regarding this scenario but pertaining to DS-2019, I had a new DS-2019 issued after my hardship application was submitted and now in the process of getting another one, do I need to update DOS with the new forms while the case is pending there?

I believe you have to send any new ds-2019 you get that isn't present in the application. If sponsor remains the same, I am unsure. 

[Waiver 2021 10]

With the processing time taking over 3 years between USCIS and DOS.  In my opinion it's a clear and indirect message to everyone who wants to apply for 2 years waiver, the message is that do not to apply because the suffering and the hardship will continue either way, here in the states or country of origin. I applied to USCIS back in Feb. 2021, next month will be the beginning of my third year in this painful process.  I'm still struggling to find explanation this situation. 

 

Edited January 27, 2023 by Waiver 2021

[DrIdaddoq 22]

12 hours ago, Magnet said:

I don’t think so, USCIS is the one that determines if there is extreme hardship or not, so if they already issued a form I613 and sent your file to DOS, that means they already found exceptional hardship and no need to update medical records.

 

I do have a question regarding this scenario but pertaining to DS-2019, I had a new DS-2019 issued after my hardship application was submitted and now in the process of getting another one, do I need to update DOS with the new forms while the case is pending there?

Yes you need to tell your lawyer to send the DOS the new DS-2019 form. 

[Hardship_waiver 54]

12 hours ago, Waiver 2021 said:

With the processing time taking over 3 years between USCIS and DOS.  In my opinion it's a clear and indirect message to everyone who wants to apply for 2 years waiver, the message is that do not to apply because the suffering and the hardship will continue either way, here in the states or country of origin. I applied to USCIS back in Feb. 2021, next month will be the beginning of my third year in this painful process.  I'm still struggling to find explanation this situation. 

 

I agree with you. If you have a very very strong stamina, then choose the hardship option. Only my USC child had a medical issue when I filed this application, but now both of us are in hardship as I have become sick due to this process. Is it worth it, this is something you need to calculate prior to filing this application. You will loose all opportunities, live and die everyday with no one listening to you. No help from congressperson, expedite requests denials, no idea where the tunnel ends and if you are denied after three years, think where you stand. I dont want to depress anyone but this is what J-1 hardship applicants are going through. 

[Robble42 6]

14 hours ago, Waiver 2021 said:

With the processing time taking over 3 years between USCIS and DOS.  In my opinion it's a clear and indirect message to everyone who wants to apply for 2 years waiver, the message is that do not to apply because the suffering and the hardship will continue either way, here in the states or country of origin. I applied to USCIS back in Feb. 2021, next month will be the beginning of my third year in this painful process.  I'm still struggling to find explanation this situation. 

 

Yes, this is 100% a failure of the immigration system. At the time that we applied to the USCIS (in Sept. 2020), there was much less delay. So back then, it seemed like the right choice. They didn't exactly broadcast that they had stopped processing applications for a whole year.