Jump to content
Hardship waiver

J1 Hardship Waiver 2021-2022 Timeline

 Share

2,002 posts in this topic

Recommended Posts

20 minutes ago, Waiver 2021 said:

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.  

I don’t think anything will change short of someone starting a lawsuit against these excessive delays sadly. 

Link to comment
Share on other sites

Country: Pakistan
Timeline
On 2/9/2023 at 11:34 PM, ErinK said:

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 

That was our understanding too, but the DOS seems to be denying hardship applications without rhyme or reason these days. If you're not already out of status, I would recommend trying to get another type of visa or considering leaving for 2 years. DOS doesn't seem to care about US citizens these days.

 

If you are out of status, I would just hang on and hope for the best. If it gets denied, you can apply again or litigate. 

Link to comment
Share on other sites

Country: Pakistan
Timeline
34 minutes ago, Hardship2021 said:

Does the long wait mean the case will get denied then?

my file was complete since Sep 6 2021.

Not necessarily. But I would submit a FOIA to the DOS asking for a copy of your file (to make sure they haven't lost it). They have a big backlog right now, but it turns the pressure up (and it would not influence the actual decision, just maybe speed things up).

Link to comment
Share on other sites

Country: Pakistan
Timeline
On 2/9/2023 at 7:23 PM, 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. 

You can always consult another lawyer--they don't mind. The American Immigration Lawyers Association (AILA) can help with a referral. You have some options in case of overstay.

Link to comment
Share on other sites

1 hour ago, Robble42 said:

Not necessarily. But I would submit a FOIA to the DOS asking for a copy of your file (to make sure they haven't lost it). They have a big backlog right now, but it turns the pressure up (and it would not influence the actual decision, just maybe speed things up).

FYI a lawyer told me that FOIA will slow down the case since they have to pull your application out of the "queue". He told me only request FOIA if I get non-favorable recommendation and decide to file a lawsuit or file another J-1 waiver case 

Link to comment
Share on other sites

Country: Pakistan
Timeline
15 hours ago, ErinK said:

FYI a lawyer told me that FOIA will slow down the case since they have to pull your application out of the "queue". He told me only request FOIA if I get non-favorable recommendation and decide to file a lawsuit or file another J-1 waiver case 

I guess correlation doesn't equal causation, so I'm not sure if the FOIA sped things up or if it was just a coincidence. But the "queue" is a myth. We kept seeing lots of cases filed after us (by even a year) being decided before ours.

 

I also read this from another lawyer's blog: https://webberimmigration.substack.com/p/uscis-foia-freedom-of-information?utm_source=%2Fsearch%2FFOIA&utm_medium=reader2

Link to comment
Share on other sites

13 hours ago, Robble42 said:

I guess correlation doesn't equal causation, so I'm not sure if the FOIA sped things up or if it was just a coincidence. But the "queue" is a myth. We kept seeing lots of cases filed after us (by even a year) being decided before ours.

 

I also read this from another lawyer's blog: https://webberimmigration.substack.com/p/uscis-foia-freedom-of-information?utm_source=%2Fsearch%2FFOIA&utm_medium=reader2

You filed a FOIA before getting the non-favorable recommendation? I wish DoS was more transparent about their procedures. Even lawyers can't seem to agree on what's the best course of action 

Link to comment
Share on other sites

Country: Pakistan
Timeline
9 hours ago, ErinK said:

You filed a FOIA before getting the non-favorable recommendation? I wish DoS was more transparent about their procedures. Even lawyers can't seem to agree on what's the best course of action 

Yes, we filed the FOIA about 3 weeks before getting a decision from DOS (after not hearing from them in 77 weeks). Of course, who knows when they'll fulfill our FOIA request. It was perfected, but they haven't sent our file yet. Their FOIA office says they have a months-long backlog. 

Link to comment
Share on other sites

51 minutes ago, Robble42 said:

Yes, we filed the FOIA about 3 weeks before getting a decision from DOS (after not hearing from them in 77 weeks). Of course, who knows when they'll fulfill our FOIA request. It was perfected, but they haven't sent our file yet. Their FOIA office says they have a months-long backlog. 

My lawyer told me that FOIAs take 3-5 months these days!! They used to take 2-3 weeks

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...