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Wyboxcx

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Everything posted by Wyboxcx

  1. Wyboxcx
  2. Wyboxcx
    I think it’s best to just come up with a plan B at this point.
  3. Wyboxcx
    Yeah it seems that no sponsor views requested means they didn’t have gov funding. Which is even worse because it used to be the case that those who didn’t get gov funding typically got approved by the DOS when USCIS forwarded the i-613. Now it seems that the chances are bleak for all hardship applications. This process is a nightmare
  4. Wyboxcx
    Terrible! Is this a new case denied today ?!
  5. Wyboxcx
    Exactly! Like it’s not advisable to apply when the waiver is not guaranteed . I just wish they would decide these waivers faster! Having to wait 2 years to waive a 2 year residency requirement defeats the purpose of the waiver
  6. Wyboxcx
    He said filing it now "wouldn't help the waiver case in any way and would complicate matters even more" so we trusted him and we are waiting for this never-ending waiver process.
  7. Wyboxcx
    We were actually advised against filing any Green card forms including the I-130 by our lawyer as long as the waiver hasn’t been approved. But every lawyer is different
  8. Wyboxcx
    Waiting for almost 12 months with USCIS here. RFE after 9 months .
  9. Wyboxcx
    Oh my goodness this is honestly cruel.
  10. Wyboxcx
    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
  11. Wyboxcx
    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.
  12. Wyboxcx
    I don’t think anything will change short of someone starting a lawsuit against these excessive delays sadly.
  13. Wyboxcx
    Trust me I have the exact same questions as all of you on this forum. Btw, USCIS conveniently increased their processing time for hardship waivers as well. Just checked today. It’s like a moving target, every time you think you are getting closer to a decision, they increase the wait time. The process is just so fundamentally broken, rewards illegality and punishes people who follow the law.
  14. Wyboxcx
    They are intentional especially under the Biden administration. They don’t want people to get a J1 waiver and they want them to go back to their home countries for 2 years and “contribute to their development”. It’s all political and if you notice the pattern there are more rejections of J1 hardship waivers under Biden than under Trump.
  15. Wyboxcx
    When USCIS forwards the case to DOS it means they found prima facie hardship, which in legal jargon basically means they do agree with the applicant that exceptional hardship exists . The problem is that DOS even when they receive such application from USCIS are still going to weigh whether program goals and considerations are more important than the hardship. If the sponsor thinks that you have to go home despite the hardship, they will reject the case. It’s really a terrible form of law and there is no appeal against it sadly.
  16. Wyboxcx
    I’m sorry to hear that. That is disappointing especially with no gov funding
  17. Wyboxcx
    That is crazy indeed! Where did you see that?
  18. Wyboxcx
    A lawyer told me that in these cases it's always political. If the US government funded the waiver applicant and they are determined to send them back to their home country, they will always so no, even when USCIS finds hardship. and sadly, there is no appeal possibility.
  19. Wyboxcx
    This is really sad and proves that the idea that once USCIS finds prima facie hardship, the DOS will certainly approve the case is a wrong belief. Not favorable recommendation by itself is terrible, let alone after such an extremely long wait. This is awful .
  20. Wyboxcx
    I am. Almost 9 months so far and they haven’t responded, no RFE, no updates . Nothing, just radio silence. It’s depressing especially when you anticipate how much we have to wait at the DOS step. It wasn’t like this, literally a few months ago USCIS decided those hardship cases in 4-6 months and forwarded them to DOS. Now it seems that the whole process is on hold.
  21. Wyboxcx
    Congratulations! It’s interesting that they didn’t request sponsor views. Did you get gov funding from the US or Vietnam?
  22. Wyboxcx
    Mine is stuck with USCIS for 8 months now with not even an RFE request.
  23. Wyboxcx
    It's so sad and unfair. This system is fundamentally broken
  24. Wyboxcx
    Did you receive US government funding? That’s what usually delays the process
  25. Wyboxcx
    Amen. Happy New Year to all those waiting and I wish everyone the strength and patience to I through this ordeal .
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