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Robble42

What to do after J1 Hardship Waiver denial

By Robble42 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Robble42 Apprentice

Robble42   6

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Country: Pakistan
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My husband applied for a J1 Hardship waiver for a 212(e) requirement based on his USC spouse (me), but we got denied roughly 2 1/2 years after filing (USCIS found hardship but DOS denied. Not financed by a US gov't agency). He hasn't been able to work for over a year. 

Living in his home country is not a viable option for me (I have a career here and family caregiving obligations) and we don't want to be separated because we are planning a family.

 

So we're looking at other options to stay in the US together. One option is to apply for a Conrad-30 waiver position (this is for physicians to practice in an underserved area). The other is to litigate with the AAO to challenge the USCIS decision. (I know the denial letter says you can't challenge it, but there are some loopholes to the statute). 

 

It's very frustrating. Is anyone else going through something similar? 

 

 

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Crazy Cat Grand Master

Crazy Cat   41,722

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Filed: Citizen (apr) Country: Taiwan
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Get a high-powered attorney.  This is a DIY site.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Robble42 Apprentice

Robble42   6

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Country: Pakistan
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Posted (edited)
6 minutes ago, Crazy Cat said:

Get a high-powered attorney.  This is a DIY site.

Of course, we already have. That's how I know about all our options already...

 

I'm just wondering if anyone else out there is going through something similar so that we can commiserate.

Edited by Robble42
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Boiler Grand Master

Boiler   45,411

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Filed: K-1 Visa Country: Wales
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All the ones I recollect served their time

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,722

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Filed: Citizen (apr) Country: Taiwan
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****Thread moved from General Immigration to Waivers forum****

Everyone here is free to reply to threads., just as everyone is free to ignore any advice given. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Ontarkie Grand Master

Ontarkie   14,193

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Filed: Citizen (apr) Country: Canada
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~~Post Violating the TOS the same TOS that everyone here had to agreed to when creating their account, has been removed.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
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Filed 07-08-08
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Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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