J1 Hardship Waiver 2021-2022 Timeline

[ErinK 35]

4 hours ago, g3dan00 said:

No offense, but you don't know what you're taking about. All your timings are wrong. Please don't state your opinions as facts in a public forum. 

 

I don't know what you're trying to prove here by spreading misinformation. 

 

For anyone reading this guy's response, don't trust my words, don't trust this guy's words. Have a consult with a lawyer before making a decision. Consults for WoM are almost always free. 

 

 

Edit: 

Yes I do. I have data for over 600 hardship cases and have analyzed them month to month by submission, day of the week, year and volume. YOU don't have data but you're posing as if you do. 

 

The timeline I provided is from two lawyers I have spoken to file a lawsuit. Also, this data is publicly available. The government, and USCIS in particular, gets sued all the time. I am in the process of hiring a lawyer to file a lawsuit and will continue to share the information I get from my lawyer here to help others who are planning to file.

 

I am not sure why you are taking such an aggressive tone with me or why you think I have an agenda. Not everything is a conspiracy theory. Frankly, I don't care what you think of me. I don't know you and you don't know me. Hope your case gets resolved. 

 

 

 

[Hanijani 8]

What does this mean in simple english. 

[Hanijani 8]

What would be the effect of mentioning a pending hardship waiver in the RFE for O1? I think they would already know, they can easily check in the system.

[AM820 12]

14 hours ago, g3dan00 said:

No offense, but you don't know what you're taking about. All your timings are wrong. Please don't state your opinions as facts in a public forum. 

 

I don't know what you're trying to prove here by spreading misinformation. 

 

For anyone reading this guy's response, don't trust my words, don't trust this guy's words. Have a consult with a lawyer before making a decision. Consults for WoM are almost always free. 

 

 

Edit: 

Yes I do. I have data for over 600 hardship cases and have analyzed them month to month by submission, day of the week, year and volume. YOU don't have data but you're posing as if you do. 

Hi, you say you have analyzed 600 cases. Would you mind share the results of this analysis? that would be helpful for us to see where are we so we can plan a head and also to see how DOS currently processes hardship cases.

I know that you do not have to do that, but you may think about how many families you may help by this data to plan a head. 

[TonyW 6]

Because of the pandemic, I have to go back to the US to support my US family, even though I only have a few months left to fulfill this inhuman restriction.

1. In May 2022 DoS received all the documents including I-613 form. In the same month, I emailed DoS to expedite my case but like everyone else they refused. Later I emailed them again with a doctor's letter but  DoS said each case had only one chance to expedite and I used mine in April. I emailed back that there was no such statement on their website. 

2. Later DoS changed the processing time to 52 weeks, and I contacted DoS immediately but they said it was always up to 52 weeks.

3. In June 2023 I emailed DoS how I could file a formal complaint and on the second day, they sent my case for sponsor view. My sponsor (US gov) sent FAVORABLE sponsor view to DoS and suggested in two weeks DoS will update. Almost one month passed, no update. 

 

I have been tracking this topic for years as a guest. Today I want to tell my story to support all you guys who have similar experiences, the ones who are willing to file a lawsuit. I left the US in early 2023, leaving my US family alone in the US. In one month, regardless of DoS's decision, I have been in my home country for 2 years, but I will always support you guys like me. 

Actually, I lived in the DC area, I am thinking of a protest in front of their office building with a banner. I would like you guys can share a slogan.

 

 

 

 

Edited August 23, 2023 by TonyW

[AM820 12]

1 hour ago, TonyW said:

Because of the pandemic, I have to go back to the US to support my US family, even though I only have a few months left to fulfill this inhuman restriction.

1. In May 2022 DoS received all the documents including I-613 form. In the same month, I emailed DoS to expedite my case but like everyone else they refused. Later I emailed them again with a doctor's letter but  DoS said each case had only one chance to expedite and I used mine in April. I emailed back that there was no such statement on their website. 

2. Later DoS changed the processing time to 52 weeks, and I contacted DoS immediately but they said it was always up to 52 weeks.

3. In June 2023 I emailed DoS how I could file a formal complaint and on the second day, they sent my case for sponsor view. My sponsor (US gov) sent FAVORABLE sponsor view to DoS and suggested in two weeks DoS will update. Almost one month passed, no update. 

 

I have been tracking this topic for years as a guest. Today I want to tell my story to support all you guys who have similar experiences, the ones who are willing to file a lawsuit. I left the US in early 2023, leaving my US family alone in the US. In one month, regardless of DoS's decision, I have been in my home country for 2 years, but I will always support you guys like me. 

Actually, I lived in the DC area, I am thinking of a protest in front of their office building with a banner. I would like you guys can share a slogan.

 

 

 

 

I think we should speak up about our issues, maybe on social media or by holding peaceful protests like you suggested. Lawyers often tell us not to inquire about our cases or take legal action because they fear DOS might deny our applications in response, and we can't even fight those denials. Unlike the USCIS, the DOS operates without clear oversight, and I think bringing our concerns to the limelight might instigate change. It's disheartening to endure almost 2.5 years of uncertainty between the DOS and USCIS, particularly for hardship cases. The situation feels even more challenging when we see other categories, like asylum seekers, obtaining status and work permits swiftly. I'm in full agreement with you, and if I were in DC, I'd be right beside you in any protest. For the slogan, how about "Years of Waiting, Lifetimes on Hold: We Need Quick Decisions on J-1 Hardship Waivers Now!'

[ErinK 35]

8 minutes ago, AM820 said:

I think we should speak up about our issues, maybe on social media or by holding peaceful protests like you suggested. Lawyers often tell us not to inquire about our cases or take legal action because they fear DOS might deny our applications in response, and we can't even fight those denials. Unlike the USCIS, the DOS operates without clear oversight, and I think bringing our concerns to the limelight might instigate change. It's disheartening to endure almost 2.5 years of uncertainty between the DOS and USCIS, particularly for hardship cases. The situation feels even more challenging when we see other categories, like asylum seekers, obtaining status and work permits swiftly. I'm in full agreement with you, and if I were in DC, I'd be right beside you in any protest. For the slogan, how about "Years of Waiting, Lifetimes on Hold: We Need Quick Decisions on J-1 Hardship Waivers Now!'

I agree with everything you said but I think we should be careful not to take our frustration on other groups of immigrants, including undocumented immigrants and asylum seekers, or blame them for our wait time. I know that's not what you meant but the government actually loves it when it can point to one immigrant group to justify its lack of efficiency.  

 

Just FYI for anyone interested: 

 

Asylum seekers are not allowed to apply for work permits until 180 days after their application for asylum is filed and then it takes the government up to a year to issue their work card. Like everyone else, some get theirs faster and some have to wait the full 8-9 months. As for status, they don't get status for YEARS. Right now the wait for the asylum office to even call you for an interview is very very long. I know people who have been waiting since 2017. Once you get to the interview and they accept your asylum case, then you have to wait another year before you are eligible to even apply for a green card (change of status). They have work permits so at least they are in a safe place and can have income but it takes years before they get any real status. It's heartbreaking what asylum seekers go through. Also, some asylum offices have very high rejection rate so after waiting for years, they can still put the asylum seeker in removal. 

[AM820 12]

2 minutes ago, ErinK said:

I agree with everything you said but I think we should be careful not to take our frustration on other groups of immigrants, including undocumented immigrants and asylum seekers, or blame them for our wait time. I know that's not what you meant but the government actually loves it when it can point to one immigrant group to justify its lack of efficiency.  

 

Just FYI for anyone interested: 

 

Asylum seekers are not allowed to apply for work permits until 180 days after their application for asylum is filed and then it takes the government up to a year to issue their work card. Like everyone else, some get theirs faster and some have to wait the full 8-9 months. As for status, they don't get status for YEARS. Right now the wait for the asylum office to even call you for an interview is very very long. I know people who have been waiting since 2017. Once you get to the interview and they accept your asylum case, then you have to wait another year before you are eligible to even apply for a green card (change of status). They have work permits so at least they are in a safe place and can have income but it takes years before they get any real status. It's heartbreaking what asylum seekers go through. Also, some asylum offices have very high rejection rate so after waiting for years, they can still put the asylum seeker in removal. 

I do not care about asylum or any other group. I meant by status that Asylum seeker once get his USCIS receipt notice, he is allowed to stay in US legally. For us they will kick us out of USA with your US citizen family members or acquire unlawful status. Anyway I am not here to argue. Instead, we are here to find possible solutions to our miserable situations instead of useless arguing with each others. There is a clear fact that NO ONE CAN DENY that immigration system in USA is broken and always unfair. 

[Mickey344 12]

Does DoS request for sponsor view if you are a foreign physician who came on J-1 visa and did your residency in the USA. I did a congressional enquiry and was told that as far as they have received my I-612 and I-613 from USCIS, my file is complete and in the queue to be processed when they get to it. 

[Hardship_waiver 50]

On 8/23/2023 at 11:25 AM, TonyW said:

Because of the pandemic, I have to go back to the US to support my US family, even though I only have a few months left to fulfill this inhuman restriction.

1. In May 2022 DoS received all the documents including I-613 form. In the same month, I emailed DoS to expedite my case but like everyone else they refused. Later I emailed them again with a doctor's letter but  DoS said each case had only one chance to expedite and I used mine in April. I emailed back that there was no such statement on their website. 

2. Later DoS changed the processing time to 52 weeks, and I contacted DoS immediately but they said it was always up to 52 weeks.

3. In June 2023 I emailed DoS how I could file a formal complaint and on the second day, they sent my case for sponsor view. My sponsor (US gov) sent FAVORABLE sponsor view to DoS and suggested in two weeks DoS will update. Almost one month passed, no update. 

 

I have been tracking this topic for years as a guest. Today I want to tell my story to support all you guys who have similar experiences, the ones who are willing to file a lawsuit. I left the US in early 2023, leaving my US family alone in the US. In one month, regardless of DoS's decision, I have been in my home country for 2 years, but I will always support you guys like me. 

Actually, I lived in the DC area, I am thinking of a protest in front of their office building with a banner. I would like you guys can share a slogan.

 

 

 

 

Hi. Thank you for sharing your story. I also have a similar timeline. DoS has multiple points to delay your case. In my case, they delayed the initial uploading of the application (DS-3035 and other documents) for 4 months. Then DoS delayed i-613 upload for 5 months. Then DoS delayed my change of address request for 2 months. I am still pending and in actual I am in 17+ months. I am confident that DoS will delay my sponsor views and final decision too, so I am seeing one more year ahead.

These days gathering information about lawsuit as this seems the only option for people delayed 15+ months. I feel that if your case is delayed, it will be super delayed. 

[extreme_hardship 22]

Not mine, but another recent Favorable

[DrFood 9]

On 8/26/2023 at 9:10 PM, extreme_hardship said:

Not mine, but another recent Favorable

Wow!! Is that 20 months!!! I’m 

[blooper1899 16]

This is so messed up! If I lived closer to DC, I would definitely be protesting. I am considering starting a Change.org petition maybe? I don't have thousands of dollars to hire lawyers to sue the government, I also don't have hours of time to put the case together to file a Mandamus. When people tell me that "they should just come legally", it boils my blood. What we are doing is following the legal process, but the process is broken. People do not have the luxury of waiting for two years. I'm in my 14th month at DOS and I just don't know what else to do, who to call, who to write to. The system is fundamentally broken. 

[Hardship_waiver 50]

21 hours ago, blooper1899 said:

This is so messed up! If I lived closer to DC, I would definitely be protesting. I am considering starting a Change.org petition maybe? I don't have thousands of dollars to hire lawyers to sue the government, I also don't have hours of time to put the case together to file a Mandamus. When people tell me that "they should just come legally", it boils my blood. What we are doing is following the legal process, but the process is broken. People do not have the luxury of waiting for two years. I'm in my 14th month at DOS and I just don't know what else to do, who to call, who to write to. The system is fundamentally broken. 

This is the real hardship.

[lennikov 34]

Quote

Wow!! Is that 20 months!!! 

More like 18 as Form i-612/612 was received only on December 29, 2021, so effectively, it took all of 2022 + 8 months of 2023 with the decision in August. Yes, waiver takes about the same time as 2YHR itself, in some cases longer than 24 months. Unless you can get an O-1, it is impossible to play the waiver game as after you have submitted the waiver, you normally can't renew your J-1, and it takes 12 months of USCIS + 24 months of DOS + another 2-3 months after the positive decision is returned to USCIS. Totalling over 3 years the J-1 is typically issued for 1-2 years, always exceeding the lengths of legal presence J-1 can afford.