J1 Hardship Waiver 2021-2022 Timeline

[SNR06 0]

Please don't think I am being insensitive but this is a question for people who have been waiting since 2021 and early 2022. How are you dealing with the long wait with DOS?Has anyone attempted to file for writ of mandamus? I understand it takes money, but I am just curious. 

[DrIdaddoq 22]

2 minutes ago, SNR06 said:

Please don't think I am being insensitive but this is a question for people who have been waiting since 2021 and early 2022. How are you dealing with the long wait with DOS?Has anyone attempted to file for writ of mandamus? I understand it takes money, but I am just curious. 

I continue to wait. 

[Hardship_waiver 54]

No update from any member from the last two weeks. It looks like this process will stay as it is or get worsen over time. 

Anybody with any update? 

[Waiver 2021 10]

14 minutes ago, Hardship_waiver said:

No update from any member from the last two weeks. It looks like this process will stay as it is or get worsen over time. 

Anybody with any update? 

Unfortunately, nothing to update. Case transferred to DOS Nov. 2021. All documents recived by DOS Sept. 2022. It's been pending since then. I don't know when this horrible nightmare will be over. 

Edited March 2, 2023 by Waiver 2021

[ErinK 35]

1 hour ago, Waiver 2021 said:

Unfortunately, nothing to update. Case transferred to DOS Nov. 2021. All documents recived by DOS Sept. 2022. It's been pending since then. I don't know when this horrible nightmare will be over. 

I'd have filed a lawsuit if i was waiting that long tbh. It's the only way to get an answer

[Hardship612 0]

Hi All, 

Since the waivers are taking so long, has anyone had to leave and does the J1 two year home penalty applies for just two years outside of the US or it has to actually be your home country ( the country that issues the statement of need) in my case I have been one year in a third country, and  now almost one more year in my home country? Anyone has had similar cases or any input. At the end it will be two years out of the US. 

Thanks. 

[flyonearth 5]

@Hardship612 you need to stay in your home country for 2 years. Given how long the hardship waiver is, you will be done with the 2 year requirement if you stay in your home country one more year.

[Hardship612 0]

51 minutes ago, flyonearth said:

@Hardship612 you need to stay in your home country for 2 years. Given how long the hardship waiver is, you will be done with the 2 year requirement if you stay in your home country one more year.

Thank you! yes that's an option. I'm wondering if I lived for one year in one country (outside US) and then another year in my home country, would this somehow qualify as meeting the two-year requirement? or if the 2-year sanction applies only to the home country and having lived in another country doesn't count?

[Wyboxcx 49]

55 minutes ago, Hardship612 said:

Thank you! yes that's an option. I'm wondering if I lived for one year in one country (outside US) and then another year in my home country, would this somehow qualify as meeting the two-year requirement? or if the 2-year sanction applies only to the home country and having lived in another country doesn't count?

The 2 year home residency requirement applies only to the country you got your J1  visa from and was a national of . You cannot go to a third country and spend some time there and some time in your home country. The 2 years must be spent in your home country to meet the requirement. The law is clear about that, although you don’t have to spend two consecutive years in your country, you can travel and come back, but any time you spend outside your home country does not count towards fulfillment of the requirement. 

[DrIdaddoq 22]

Omg. Not my case, but this is very discouraging. My case pending since Sep 2021. 

[Wyboxcx 49]

1 minute ago, DrIdaddoq said:

Omg. Not my case, but this is very discouraging. My case pending since Sep 2021. 

That’s tragic really. Like I said before Biden’s administration is taking a hardline on hardship cases and they want J1 exchange students to go back to their countries. That will definitely be reflected in the approval and Denial statistics of this category once they are posted. The fact that these cases are pending forever and the rejection rate is higher than under Trump shows you that this administration does not prioritize these cases 

[ErinK 35]

4 hours ago, Hardship612 said:

Hi All, 

Since the waivers are taking so long, has anyone had to leave and does the J1 two year home penalty applies for just two years outside of the US or it has to actually be your home country ( the country that issues the statement of need) in my case I have been one year in a third country, and  now almost one more year in my home country? Anyone has had similar cases or any input. At the end it will be two years out of the US. 

Thanks. 

You have to spend two years in the country where you got the statement of need from. Your home country in most cases. Also the fact that you spend a yea in your home country makes it hard to argue hardship. The easiest route is to spend another year there so that if your hardship case gets rejected you at least have at least already done your two years. 

[ErinK 35]

1 hour ago, DrIdaddoq said:

Omg. Not my case, but this is very discouraging. My case pending since Sep 2021. 

OMG! Why hold on to these cases for so long if you are going to reject in the end?!!

 

Has anyone tried sending additional evidence to the DoS? 

[DrIdaddoq 22]

26 minutes ago, ErinK said:

OMG! Why hold on to these cases for so long if you are going to reject in the end?!!

 

Has anyone tried sending additional evidence to the DoS? 

I have. And it took them a while, but eventually updated my case with "Others" received. I sent it by email to their email

[ErinK 35]

21 minutes ago, DrIdaddoq said:

I have. And it took them a while, but eventually updated my case with "Others" received. I sent it by email to their email

nice. roughly what kind of documents were they? did they ever respond to you email and confirmed receipt?