Hardships can also be psychological, social, cultural, economic, educational, career-related, political, religious, or due to compulsory military service. 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. 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). No, exceptional hardship and persecution are two different things as far as the J-1 visa waiver is concerned. USCIS sends the decision to the Waiver Review Division of the U.S. Department of State. Mail the following items to one of the two addresses … Click the link to create an online application. If you successfully convince USCIS that your family is likely to experience exceptional hardship, it will send a Form I-613 recommendation notice to the WRD. Exceptional Hardship. DOS estimates that they make favorable recommendations on such J-1 Waiver applications slightly less than 50% of the time. In short, a hardship waiver is one which demonstrates extreme hardship conditions that would be endured should a foreigner be required to adhere to the two-year physical presence requirement. Outside of medical reasons, hardship might also be economic, political, religious, psychological, cultural, or due to compulsory military service. Date we filed Form I-612 for this Client: April 1, 2019. How does your law firm ensure a favorable outcome? Your best bet is to explain the likely hardships associated with both scenarios. During the course of the litigation, one of the J-1 physicians sought and obtained a Conrad 30 waiver. For instance, if you already have a family business in the U.S. with which you support your U.S. citizen relative, this may also help. One of the most tenable reasons for getting a waiver is exceptional hardship that involves medical issues. A brief description of the I-612 process and . 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. Below are some of the most frequently asked questions we receive regarding the J-1 waiver for exceptional hardship. This means that after completion of the period covered by your J1 Visa you have to go back to your home country for two years prior to changing status in the United States or obtaining your lawful permanent residence (greencard). A hardship waiver is initially filed with the USCIS California Service Center (CSC). Fear of persecution … Each basis has its own qualifying scenarios, and you cannot apply for two at a time. Moreover, you could show that your home country’s language is different from that of your spouse and show that this barrier would cause hardship for your U.S. citizen relative. Example of a_J-1 Exceptional Hardship Waiver case. 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. This may be easier if you can prove that your absence will cause exceptional hardship to the spouse or the child. They are No Objection Statement, 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. USCIS will forward its decision directly to the Waiver Review Division of the U.S. Department of State. 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