Hardship_waiver

That's quite unfortunate. We all were thinking that DOS is the major delay in this process, but seeing this, it's nerve wrecking. It should have been arrived by now. The normal processing time for I-612 cases at California Service Center is 10 months and your case is well beyond that. It's not easy to come here on O-1 and then file i-485, as you already have the waiver. Lawsuit seems the only options as you have already exhausted all options.

Congratulations great. Exactly when USCIS forwarded your case to DOS? January 12, 2022 is the date DOS showed it on its portal. In some cases DOS taking 5, 6 months just to upload it on its portal.

I agree overstaying is never a good option and consular officer has full authority to deny your application, but in worst scenarios you have to take risks. Even applying B1/B2 without a waiver will lead to ultimate denial if waiver isn't approved at time of adjudication. But what if waiver gets approved before that and you file your green card and all gets settled. It's a risk that you can take if you have no other option. Like to avoid risk to someone's life.

Most of the people you see in this group are in their 10-17 months at DOS (still pending). My 11th month is starting after a week. By July 2023 (including your 30 day grace period), it will be your 13th month. You can try expedite request, congress person (most of the people are not having any luck these days but its better to try), J-1 extension or apply for some other status is a possibility when you get near June 2023. If you get any updates, do update us. Good luck.

California service center normal processing time for I-612 is 10 months. Raise a service request as soon as it reaches 10th month (I wish it moves to DOS earlier).

If you have a U.S.C spouse and you stay here illegibly (after expiry of your J-1) waiting for the waiver, this illegal time will automatically be forgiven at the time you file for the green card. As you will not have any status during this illegal time, you cannot apply for work authorization. Also you can get into trouble if you caught by police in some case etc. Before expiry of your DS-2019, apply for O-1 or B1/B2 whose processing (pending) will give you legal status to stay. With DOS hardship processing almost at halt, more and more people are getting out of status. It was never like that before. We are unfortunate ones.

Those with USC spouse hardship are staying in US even after expiry of their status as they know their unlawful presence can be forgiven when they file for green card, but those with USC child are facing a hell-like situation. Once they file waiver, they stop looking other country options hoping decision will come before their status expires only to know that DOS will take infinite time to process it. Once status ends and they stay, they risk their green card. If DOS is facing backlog issues due to covid, they should provide some protection for hardship waiver applicants (persecution cases are still being processed faster). Sad to see that nobody cares here for this aspect. Expedite requests/congressional inquiries are already over.

Some file b1/b2 before expiry of there status. It gives you legal status to stay and in the meantime you might get your waiver and file the next status. You are very close, but it's sad to see how system is working here. It's not a green card, it's just a waiver and they are taking 2 years for it. They should have given decision on time so you could plan better for your suffering USC child. Hardship waiver has failed it's purpose.

I have seen 3-4 people here from Pakistan with J-1 waiver pending from Late 2021. Is it a coincidence or this country has some policy issues with US.

It's country dependent for sure. Try reminding DOS through emails (both self and through lawyer) that they are well beyond normal time limit (when we filed our cases, normal processing time was 4-6 months). Even if you gain nothing out of it, it will reduce some of your stress. I hope you get it now as 17 months is too much.

This is right after my case.

Finally this one got recommendation.

Unfortunately, government offices almost do nothing close to these holidays, so we cannot expect anything in this year. Goodluck for 2023. Try to enjoy your holidays. Be back in 2023 with new energy.

J-1 stamping will be risky as your immigrant intent may become clear to DoS once they receive waiver documentation.

This is the oldest case I am following. Still pending. This person must have started his waiver process two years ago for a two years condition waiver.

Great news. Congratulations. I am unsure how productive will we be left after this mental trauma of yearssss.

I emailed WRD yesterday and got two replies today to my single email. See the difference.

I thought Biden is immigration friendly. Why he doesn't want partners to stay together? Previously, I always heard and thought that US citizens are their first priority.

Thank you for understanding. It really helps. A) Those with USC child (medical hardship) are having worst-ever times. They cannot stay here after their status as their overstay cannot be forgiven. A child has his whole life ahead and any negative consequences can ruin his/her whole life. Should we take risk of their life by going back or stay here risking our future status? Being a parent, I can sacrifice myself for my child. B) If you read 1 case a week, a person can finish 40 cases a year. I hope they have enough employees. C) I have contacted senator, congressperson but of no advantage. Who else we can try contacting?

That's a two month delay. Many of our members here have five months delay in initial uploading and also five months delay in uploading I-612/I-613.

There are total five categories for J-1 waiver. The other four categories move comparatively faster (even if they might not involve a U.S. citizen). This hardship (with a U.S. citizen involvement) has become the worst category. When USCIS moves it to DOS, it already means that there is a serious hardship. Majority of the people in this group have their status already expired or expiring soon (as they applied earlier, but then DOS suddenly decided to increase processing time multiple times). Those with expired status waiting for waiver risk there immigration or stay here without any job. If the applicant has to go back due to status expiry, what is the purpose of J-1 waiver? I have seen a member here who moved back due to status expiry and waiting in his country for the waiver (It means his USC spouse or child has already starting seeing the hardship). The person might complete two years in home country, but waiver might still be pending. I myself have become a patient due to extreme stress only due to this waiver (Now I have my own hardship but that doesn't matter). Why only hardship category has to face it? Why not IGA, why not NOS, persecution, conrad30 or state? These categories people can survive, but with hardship delays, it might cost USC spouse or child a life (expedite requests have become useless now). Give people their decision, so they plan better for their USC spouse or child health instead of making their lives worse.

Which continents are slowest/fastest? I feel Europe is fastest.

Expedite request approval seems the only way.

https://travel.state.gov/content/travel/en/News/visas-news.html

No doubt these are genuine issues in the waiver cases. Issues raised in June and Nov 2022.