Hardship_waiver

In my case, DOS spent 5 months to upload i-612/i-613 on their system. However, when I emailed DOS, they claimed to have received these forms about two weeks after USCIS sent them. In short, It's a black box.

I see this case filed another hardship when previous one was still pending. Instead of adding additional hardship to the previous one, a new case has been filed. So now it has two hardship cases pending at DOS.

The best way is to email them. 212ewaiver

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?

Sad to know about that. Use the highlighted tab in the image to update your address.

It's from DOS side as I called USCIS and they said that they have already forwarded i-613/i-612 to DOS. Even during initial application submission, DOS took 4 months just to show them on portal. That's how system works.

In my case, the delay was 5 months. I haven't heard of accepted expedite requite over the last few months. Previously they used to accept congressional inquiry or expedite request, but no more as everyone is going for that due to long delays.

I think all J-1 programs are designed to train students here and send them back once they are done (correct me If I am wrong). And all countries need knowledge and skills (no one will say I don't need a skilled person). How they weigh the risk to U.S. citizen is unknown.

Many emails. They just respond with a generic format that your case will.be processed as soon as possible. Not worth it.

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?

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

Exactly. Even if you have committed fraud or willful misrepresentation, I-601 hardship waiver will be granted to you if just USCIS finds exceptional hardship (which is already found for most of the people on this forum). No DOS is involved.

I think hardship waiver should be given processing priority like IGA waivers, as hardship cases involve a U.S. citizen/national whose betterment is direct U.S. interest unlike persecution, NoS, where a non-citizen is involved. But things are actually moving directly opposite.

Don't you think intentional delaying is inhumane? Instead they should simply deny their waivers in the shortest possible time, so that hardship facing peoples' lives don't become miserable and they have a clear struggle plan for their next step. This long process drains you of all your energies which you could have utilized for something better if you knew the results earlier. Also, as an exchange visitor what you will be left with to share. I am trying to be very optimistic.

There are five categories for J-1 waivers. All other categories are faster and being approved mostly (excluding NoS). Even persecution cases are being given favorable decision within a month after reaching DoS. So, what are they trying to achieve just by delaying only one category? We account for only 4-5% of overall J-1 waiver cases. I don't think there are similar rejection trends in other categories.

The main issue is the time DOS is taking to give decisions. For 2-3 years, it keeps life of the applicant at stand still. Those who have to go back due to status expiry complete their two years at home while waiver is pending. AILA has recently filed lawsuit against long delays for I-601 waiver that was taking 2 years these days. 248 applicants contributed funding for this lawsuit. They asked to direct USCIS to decide such waivers in 6 months (that sounds much better). I wish something happens for J waivers too, as filing waiver doesn't grant you any benefit/status to stay. J-1 waiver takes 2-3 years, then comes the immigrant petition (another 1-2 years), then i-485 (another 1-2 years), so its almost 5-7 years just to get the green card. But at least pending i-485 provides you a status to stay.

It is a correct belief for those who don't have govt. funding. They will always be accepted when USCIS forwards them to DOS.

I filed a service request with USCIS and they do respond in a week or so. So try it out as you are out of 10 months and can raise one. And yes, USCIS process is getting slow over the last few months.

After a long wait, sad to see today (not mine).

https://hakeandschmitt.com/ Best one I know sofar.

Any luck so far in your case?

I agree with you. If you have a very very strong stamina, then choose the hardship option. Only my USC child had a medical issue when I filed this application, but now both of us are in hardship as I have become sick due to this process. Is it worth it, this is something you need to calculate prior to filing this application. You will loose all opportunities, live and die everyday with no one listening to you. No help from congressperson, expedite requests denials, no idea where the tunnel ends and if you are denied after three years, think where you stand. I dont want to depress anyone but this is what J-1 hardship applicants are going through.

I believe you have to send any new ds-2019 you get that isn't present in the application. If sponsor remains the same, I am unsure.

FOR THOSE WITH MEDICAL HARDSHIP: As DOS is taking extremely long time, follow ups and new medical reports have gathered up. Are you sending them to DOS to show your hardship still prevails or already sent documents are enough? Please advise?

See this link below that might answer some of your questions. **A similar thing is required for J-1 waivers. https://www.immpactlitigation.com/i-601a-delays-mandamus-case-frequently-asked-questions/