J1 Hardship Waiver 2021-2022 Timeline

[ErinK 35]

With DoS taking so long, life circumstances change that change the degree of hardship. Have any of you or your lawyers notified DoS of such changes? And if you did how did you notify them? My case involved hardship to one U.S citizen when we first filed now it involves two citizens and I'm trying to figure out how to notify DoS given that it seems like DoS too , and not just USCIS, have a say on how much hardship is "enough" hardship 😕 

 

[Waiver 2021 10]

41 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. 

Is there a way to know the stats of each category of J1 waiver ( the number of cases processed annually according to the waiver basis)?  

Edited February 9, 2023 by Waiver 2021

[Pillowchis 6]

4 hours ago, Robble42 said:

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. 

Sorry to hear that. Did they give you a readon why they denied it?

[Robble42 6]

1 hour ago, Pillowchis said:

Sorry to hear that. Did they give you a readon why they denied it?

We haven't received the written notice yet, but from what I gather, it'll probably be some BS reason. I'll let you know. 

[Pillowchis 6]

3 hours ago, Robble42 said:

We haven't received the written notice yet, but from what I gather, it'll probably be some BS reason. I'll let you know. 

I just hope its really reasonable reason. Its painful and stressful. I hope everything will be fine

[Saysono 5]

Anyone overstay their visa? I spoke to my lawyer and he recommended to not overstay for more than 6 months. I am married to a US citizen and am aware of the ‘forgiveness’ when applying for change of adjustment. However, my hardship case went to DOS on 02/2022, and I don’t think it’ll be back in time. 

[KA1214 1]

1 hour ago, Saysono said:

Anyone overstay their visa? I spoke to my lawyer and he recommended to not overstay for more than 6 months. I am married to a US citizen and am aware of the ‘forgiveness’ when applying for change of adjustment. However, my hardship case went to DOS on 02/2022, and I don’t think it’ll be back in time. 

Hi! Can you tell me when was your case received by USCIS? 

[Saysono 5]

2 hours ago, KA1214 said:

Hi! Can you tell me when was your case received by USCIS? 

Aug 2021. RFE Oct 2021. 

[ErinK 35]

4 hours ago, Saysono said:

Anyone overstay their visa? I spoke to my lawyer and he recommended to not overstay for more than 6 months. I am married to a US citizen and am aware of the ‘forgiveness’ when applying for change of adjustment. However, my hardship case went to DOS on 02/2022, and I don’t think it’ll be back in time. 

if you haven't already overstayed then try to find a way to stay in status but if you are already out of status it makes more sense to stay and try to get "forgiven" for it as a spouse of a U.S citizen than to leave and try to come back after the waiver is approved but with an overstay in your immigration records.

 

At least that's my understanding 

[ErinK 35]

10 hours ago, Waiver 2021 said:

Is there a way to know the stats of each category of J1 waiver ( the number of cases processed annually according to the waiver basis)?  

DoS publishes this information. Someone posted it in this forum not too long ago

[Hardship_waiver 54]

19 hours ago, Waiver 2021 said:

Is there a way to know the stats of each category of J1 waiver ( the number of cases processed annually according to the waiver basis)?  

This is the latest one. Go to bottom of this page. 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics.html

[Hardship_waiver 54]

21 hours ago, ErinK said:

With DoS taking so long, life circumstances change that change the degree of hardship. Have any of you or your lawyers notified DoS of such changes? And if you did how did you notify them? My case involved hardship to one U.S citizen when we first filed now it involves two citizens and I'm trying to figure out how to notify DoS given that it seems like DoS too , and not just USCIS, have a say on how much hardship is "enough" hardship 😕 

 

I have a similar question. In my case, its a medical hardship and there are new findings from doctors that are an additional concern from what was submitted a long time ago. Should we email 212ewaiver or mail to WRD or just wait n watch as DoS is more about program/policy than the actual hardship? Any experience? 

[ErinK 35]

18 minutes ago, Hardship_waiver said:

I have a similar question. In my case, its a medical hardship and there are new findings from doctors that are an additional concern from what was submitted a long time ago. Should we email 212ewaiver or mail to WRD or just wait n watch as DoS is more about program/policy than the actual hardship? Any experience? 

It's so confusing. One lawyer told me do not send new information as it can slow down the case or they may freak out and send your case back to USCIS. Another lawyer told me to definitely send in the new information. The fact that DoS just rejected a physician without sponsor tells me they look at the hardship too and not just the program/policy

[ErinK 35]

Does anyone has experience changing they address/information with DoS? The lawyer who filed my waiver case almost 2 years ago and filled out all the forms no more represents me and I want all DoS communications to come directly to me 

[Waiver 2021 10]

I think there should be a quick intial review stage for each case at the DOS before going to long deliberation and administrative processing. This would save people a lot of time, pain and suffering waiting without knowing that their cases at least meet or satisfy the basic requirements set by DOS.  

Edited February 13, 2023 by Waiver 2021