Another way is to show evidence that the medical facilities in your home country are not adequate for the treatment of your spouse or child. As with the J-1 waiver application, Form I-612 is only needed if the basis for the waiver is fear of persecution or exceptional hardship (to the J-2 applicant, not the J-1 visa holder). Typical processing time can range anywhere from three to four months, depending on the case. There is a range of hardship factors, which are best explained by our Fort Lauderdale immigration lawyers; however, a few of the most common factors include economic hardships, political, religious, medical, social, and psychological. Exceptional Hardship. Their hardship must be “exceptional.”. Typical processing time can range anywhere from three to four months, depending on the case. If you don’t think you qualify for an exceptional hardship waiver based on the aforementioned criteria, there’s still hope. Example of a_J-1 Exceptional Hardship Waiver case. Interested Government Agency (IGA) Waivers. – Department of State received Form I-612 from USCIS on December 09, 2019. After reviewing the file in its entirety, the Waiver Review Division will inform the USCIS of its final recommendations. ; however, a few of the most common factors include economic hardships, political, religious, medical, social, and psychological. You can contact us and book an appointment with one of our J-1 immigration lawyers today by filling out this consultation form. Some individuals might be able to obtain a J1 Waiver, which would eliminate the 2 year foreign residency requirement and allow them to remain in or return to the United States. J1 Waiver – Generally, J1 visa holders must return to their home country for at least 2 years after the J1 program ends. Medical problems are often seen as creating exceptional hardship, whether it’s because you wouldn’t be in the U.S. to assist in the person’s care or in working to help pay or provide insurance for that care, or because treatment for the condition wouldn’t be adequate in your home country. J-1 visa holders seeking a hardship waiver must prepare and submit the I-612 hardship application, supporting documents, fee, and State Department case number to the appropriate U. S. Citizenship and Immigration Services Service Center. If you have any doubts, it is best to speak with an immigration attorney. § 212(e)), one possible way of getting a waiver of that requirement is to demonstrate that your departure from the U.S. would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child. USCIS will forward that recommendation directly to the WRD, but first you need to ask USCIS for it. The first advantage of securing a hardship waiver is that it gives you the opportunity to settle down with your family and have peace of mind. Because this may affect them psychologically, physically, socially, economically, this might lead to hardship for your relative. In this case, you can present proof showing that your absence from the U.S. would lead to the failure of the business and the failure can lead to exceptional hardship for the U.S. citizen. Or you can show that it will affect the source of income needed to pay the person’s medical bills or provide insurance for that medical care. Outside of medical reasons, hardship might also be economic, political, religious, psychological, cultural, or due to compulsory military service. The processing of J-1 waiver applications varies depending on the nature of the case. All Rights Reserved. It also allows you to work in the U.S. This case began with our client, a physician on a J-1 visa, with a naturalized U.S. citizen spouse and one young child. Though, if the J-1 visa holder submits the Department of State waiver application before the I-612 form to the USCIS, and exceptional hardship was not granted, the fee will not be refunded by the U.S. Department of State. They are. However, the J-1 visa waiver’s exceptional hardship will not be granted for basic separation, readjustment, or any hardship caused to you. The importance of gathering evidence to back up your hardship claim cannot be overstated because you must make your waiver applications as persuasive as possible. The purpose of this requirement is for J-1 visa holders to use their newfound skills to assist people in their home countries. Do that by applying on USCIS Form I-612. (a) Disposition of Improperly Filed Applications. In order to apply for the J-1 waiver based on extreme hardship, the foreign exchange visitor must: Step 1: Mail your Waiver Applications and Fee Payments. Each basis has its own qualifying scenarios, and you cannot apply for two at a time. (The website will tell you what to send and where to send it all.). As a J1 Visa holder you are subject to this requirement for one or more of the following reasons: 1. The Department of Homeland Security must approve your Waiver before you can change status in the United States or receive a visa in certain categories. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. While there is no definitive answer to the length of processing it may be substantial, often take upwards of a year or more for completion. Our office often gets questions regarding J-1 visas, their waivers, and the best way for them to be approached for a favorable outcome. This refers to a situation that may affect the financial wellbeing of your qualifying U.S. citizen or LPR relative. Here at our firm, we have an excellent track record of helping exchange visitors apply for and get their J-1 visa approved. USCIS will forward its decision directly to the Waiver Review Division of the U.S. Department of State. Therefore, if a J-1 visa holder has a spouse or child that is a U.S. citizen or lawful permanent resident (LPR) of the U.S., there is a higher chance that he or she will have the foreign residency requirement waived. If you are having doubts about whether your case is best described as exceptional hardship or persecution, an immigration lawyer can help you out. At the end, you’ll get a case number that you can use to check the progress of your case. https://www.immi-usa.com/j1-visa-waiver/j1-visa-waiver-exceptional-hardship holders are subjected to the Foreign Residency Requirement. The first advantage of securing a hardship waiver is that it gives you the opportunity to settle down with your family and have peace of mind. You can provide proof showing that your absence in the U.S. will make you unable to provide needed care for your U.S. citizen spouse or child. Unless an I-612 has been submitted to support a waiver application based upon exceptional hardship or persecution claims, it should be rejected with appropriate instructions to the applicant. on the DOS site. Our immigration lawyers have an in-depth understanding of the J-1 visa waiver exceptional hardship process. Citizenship and Immigration Services (USCIS) and the Waiver Review Division (WRD) of the U.S. Department of State’s Bureau of Consular Affairs before going forward with your green card or visa application. In September, 2009, Jen came to the U.S. from China as a visiting scholar under J-1 visa. If USCIS determines that Exceptional Hardship does exist, it forwards the J-1 Waiver file to DOS. What are the advantages of applying for an exceptional hardship waiver? It’s at this point in the process that you present your case for exceptional hardship. It also allows you to work in the U.S. The latter will spend three or five years in H-1B or another nonimmigrant status before he or she can apply for permanent residence. The U.S. government wants J-1 visa holders to use their newly acquired skills and knowledge to contribute to the development of their home countries. A hardship waiver is initially filed with the USCIS California Service Center (CSC). To receive a more tailored answer, contact one of our immigration lawyers for an initial consultation. You still need to get the WRD’s approval of the waiver. There are 5 bases under which a J-1 visa can be granted. With that notice, you can proceed to file the adjustment of status or change of status application you need in order to stay in the United States and get a green card or a different type of nonimmigrant (temporary) status. The DOS Waiver Review Division will evaluate all waiver application before making recommendations to the USCIS. There are three other types of waiver for the two-year home residency requirement provided under the Immigration and Nationality Act. The time it takes for approval of a J-1 exceptional hardship waiver is not fixed, it might take months, a year, or more to process as the case may be. If you are having doubts about whether your case is best described as exceptional hardship or persecution, an immigration lawyer can help you out. DOS estimates that they make favorable recommendations on such J-1 Waiver applications slightly less than 50% of the time. The first step required to obtain an exceptional hardship waiver is to establish that the applicant’s USC/LPR spouse or child would experience exceptional hardship if he or she resided in the home country for two years with the ap The second step is to plicant. The disadvantage is that hardship waivers typically take longer to process than IGA waivers and if granted and a bridging work visa is required, such as an H-1B, the employer must be exempt from the H-1B cap and the J-1 physician must depart and apply for an H1B visa abroad and return. From there, the applicant will receive a copy of the decision. , Request by a Designated State Public Health Department, Request by an Interested U.S. Federal Government Agency, Exceptional Hardship to a U.S. citizen or LPR, and Persecution. If the WRD recommends approval, it will send the I-613 back to USCIS indicating its approval. A hardship waiver application, regardless of the type (I-601, I-601A, or J-1), is your opportunity to explain how your U.S. citizen or permanent resident family member would experience hardship if you were not able to reside in the United States. The U.S. citizen spouse, also a physician, was in the process of completing a highly demanding, prestigious fellowship program. During that period, we’ll be better able to lay out a timeline for processing. Our office has strategies in place to align your case with the most favorable outcome. Fear of persecution … This article guides you through the waiver application process. This includes the disorder that might arise with the child or the spouse if the J-1 visa holder leaves the U.S. Also, it might be the precipitation of the beginning of a disorder such as depression, anxiety, or post-traumatic stress disorder (PSTD). As a J-1 holder, if you can prove that your spouse or child suffers from an illness that requires your presence for treatment, then you may be more likely to have the home country presence requirement waived. establish that the applicant’s USC/LPR spouse or child would suffer exceptional hardship if he or she remained in the United States during the period the … Particularly if you were subject to the two-year home residency requirement because of your receipt of government funding, the WRD could still deny your waiver. A brief description of the I-612 process and . If you can prove that if you leave the U.S. for your home country, you might not be able to secure a job that will be able to provide for your spouse or child’s needs, they will likely approve your hardship waiver request. We will, however, do our best to advance your case towards the most favorable outcome. How does your law firm ensure a favorable outcome? This is a better alternative to getting your hardship waiver approved via an interested government agency (IGA) that serves as a sponsor. One Method for a J-1 Physician to obtain a waiver of the foreign residency requirement is to obtain a "hardship" waiver. Each basis has its own qualifying scenarios, and you cannot apply for two at a time. Eligibility for a Waiver. Moreover, provided there is a qualifying familial relationship, or there is evidence that an employer is willing to sponsor you, you may immediately start your J-1 to green card application once your waiver request is granted. This article will describe an example of a successful J-1 waiver case based on exceptional hardship to a U.S. citizen spouse and child handled by our office. One of the documents that the WRD will need before it makes a decision on your application is a favorable recommendation of the exceptional hardship waiver from USCIS. 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