J1 Hardship Waiver 2021-2022 Timeline

[ErinK 35]

3 minutes ago, Freidrichm said:

When USCIS forwards the case to DOS it means they found prima facie hardship, which in legal jargon basically means they do agree with the applicant that exceptional hardship exists . The problem is that DOS even when they receive such application from USCIS are still going to weigh whether program goals and considerations are more important than the hardship. If the sponsor thinks that you have to go home despite the hardship, they will reject the case. It’s really a terrible form of law and there is no appeal against it sadly. 

a lawyer told me that he has successfully reversed denials by DoS after filing a lawsuit

[PeterW 17]

10 hours ago, Robble42 said:

Yeah, I'd really like to see that case. We got a not favorable recommendation this morning (no sponsor) and we had been waiting for 77 weeks.

My god, it is so sad.

[Robble42 6]

On 2/2/2023 at 11:08 AM, Hardship_waiver said:

It is a correct belief for those who don't have govt. funding. They will always be accepted when USCIS forwards them to DOS. 

Not anymore...we've heard of a bunch of cases like ours that didn't get govt funding and weren't approved by the DOS. A lot of them had a long wait as well--for cases that clearly have a lot of hardship. One person was denied even for a sick US citizen kid. It feels like the US doesn't even care about its own citizens anymore, let alone immigrants. 

[Robble42 6]

15 hours ago, ErinK said:

a lawyer told me that he has successfully reversed denials by DoS after filing a lawsuit

I think there are still some avenues to sue using creative legal arguments. We haven't lost hope completely.

[Hardship_waiver 54]

The main issue is the time DOS is taking to give decisions. For 2-3 years, it keeps life of the applicant at stand still. Those who have to go back due to status expiry complete their two years at home while waiver is pending.

AILA has recently filed lawsuit against long delays for I-601 waiver that was taking 2 years these days. 248 applicants contributed funding for this lawsuit. They asked to direct USCIS to decide such waivers in 6 months (that sounds much better). I wish something happens for J waivers too, as filing waiver doesn't grant you any benefit/status to stay. 

J-1 waiver takes 2-3 years, then comes the immigrant petition (another 1-2 years), then i-485 (another 1-2 years), so its almost 5-7 years just to get the green card. But at least pending i-485 provides you a status to stay. 

[Waiver 2021 10]

14 minutes ago, Hardship_waiver said:

The main issue is the time DOS is taking to give decisions. For 2-3 years, it keeps life of the applicant at stand still. Those who have to go back due to status expiry complete their two years at home while waiver is pending.

AILA has recently filed lawsuit against long delays for I-601 waiver that was taking 2 years these days. 248 applicants contributed funding for this lawsuit. They asked to direct USCIS to decide such waivers in 6 months (that sounds much better). I wish something happens for J waivers too, as filing waiver doesn't grant you any benefit/status to stay. 

J-1 waiver takes 2-3 years, then comes the immigrant petition (another 1-2 years), then i-485 (another 1-2 years), so its almost 5-7 years just to get the green card. But at least pending i-485 provides you a status to stay. 

It makes me feel that such delays are almost intentional to make people give up. I just started my third year of waiting on this nightmare to be over . 

Edited February 9, 2023 by Waiver 2021

[Wyboxcx 49]

Just now, Waiver 2021 said:

It makes me feel that such delays are almost intentional to make people give up. I just started my third year of waiting on this nightmare to be over . 

They are intentional especially under the Biden administration. They don’t want people to get a J1 waiver and they want them to go back to their home countries for 2 years and “contribute to their development”. It’s all political and if you notice the pattern there are more rejections of J1 hardship waivers under Biden than under Trump. 

[Waiver 2021 10]

29 minutes ago, Freidrichm said:

They are intentional especially under the Biden administration. They don’t want people to get a J1 waiver and they want them to go back to their home countries for 2 years and “contribute to their development”. It’s all political and if you notice the pattern there are more rejections of J1 hardship waivers under Biden than under Trump. 

Applying for J1 waiver nowadays is like gambling. Basically, just be prepare to lose everything at the end. It is insane to think about giving all the suffering that families are going through. 

Edited February 9, 2023 by Waiver 2021

[g3dan00 20]

On 2/8/2023 at 11:31 AM, Robble42 said:

Yeah, I'd really like to see that case. We got a not favorable recommendation this morning (no sponsor) and we had been waiting for 77 weeks.

Really sorry to hear that. Will dig up and find the link. It's in this forum somewhere I think. 

 

May I ask what's your country of citizenship?

[Hardship_waiver 54]

48 minutes ago, Waiver 2021 said:

It makes me feel that such delays are almost intentional to make people give up. I just started my third year of waiting on this nightmare to be over . 

There are five categories for J-1 waivers. All other categories are faster and being approved mostly (excluding NoS). Even persecution cases are being given favorable decision within a month after reaching DoS. So, what are they trying to achieve just by delaying only one category? We account for only 4-5% of overall J-1 waiver cases. I don't think there are similar rejection trends in other categories. 

[Hardship_waiver 54]

53 minutes ago, Freidrichm said:

They are intentional especially under the Biden administration. They don’t want people to get a J1 waiver and they want them to go back to their home countries for 2 years and “contribute to their development”. It’s all political and if you notice the pattern there are more rejections of J1 hardship waivers under Biden than under Trump. 

Don't you think intentional delaying is inhumane? Instead they should simply deny their waivers in the shortest possible time, so that hardship facing peoples' lives don't become miserable and they have a clear struggle plan for their next step.

This long process drains you of all your energies which you could have utilized for something better if you knew the results earlier. Also, as an exchange visitor what you will be left with to share.

I am trying to be very optimistic. 

 

[Waiver 2021 10]

6 minutes ago, Hardship_waiver said:

There are five categories for J-1 waivers. All other categories are faster and being approved mostly (excluding NoS). Even persecution cases are being given favorable decision within a month after reaching DoS. So, what are they trying to achieve just by delaying only one category? We account for only 4-5% of overall J-1 waiver cases. I don't think there are similar rejection trends in other categories. 

Good point! My question is why only hardship cases are being delayed? This category should be given similar to priority like any other categories as it's part of five bases that constitute J-1 waiver if it's established. 

[Wyboxcx 49]

4 minutes ago, Waiver 2021 said:

Good point! My question is why only hardship cases are being delayed? This category should be given similar to priority like any other categories as it's part of five bases that constitute J-1 waiver if it's established. 

Trust me I have the exact same questions as all of you on this forum. Btw, USCIS conveniently increased their processing time for hardship waivers as well. Just checked today. It’s like a moving target, every time you think you are getting closer to a decision, they increase the wait time. The process is just so fundamentally broken, rewards illegality and punishes people who follow the law. 

[Hardship_waiver 54]

2 minutes ago, Waiver 2021 said:

Good point! My question is why only hardship cases are being delayed? This category should be given similar to priority like any other categories as it's part of five bases that constitute J-1 waiver if it's established. 

I think hardship waiver should be given processing priority like IGA waivers, as hardship cases involve a U.S. citizen/national whose betterment is direct U.S. interest unlike persecution, NoS, where a non-citizen is involved. But things are actually moving directly opposite. 

[Hardship_waiver 54]

8 minutes ago, Freidrichm said:

Trust me I have the exact same questions as all of you on this forum. Btw, USCIS conveniently increased their processing time for hardship waivers as well. Just checked today. It’s like a moving target, every time you think you are getting closer to a decision, they increase the wait time. The process is just so fundamentally broken, rewards illegality and punishes people who follow the law. 

Exactly. Even if you have committed fraud or willful misrepresentation, I-601 hardship waiver will be granted to you if just USCIS finds exceptional hardship (which is already found for most of the people on this forum). No DOS is involved.  

Edited February 9, 2023 by Hardship_waiver