There are three other types of waiver for the two-year home residency requirement provided under the Immigration and Nationality Act. Mail the following items to one of the two addresses … 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. The purpose of this requirement is for J-1 visa holders to use their newfound skills to assist people in their home countries. 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. In September, 2009, Jen came to the U.S. from China as a visiting scholar under J-1 visa. 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. This case began with our client, a physician on a J-1 visa, with a naturalized U.S. citizen spouse and one young child. This is a better alternative to getting your hardship waiver approved via an interested government agency (IGA) that serves as a sponsor. They are. The processing of J-1 waiver applications varies depending on the nature of the case. Typical processing time can range anywhere from three to four months, depending on the case. © 2021 SGM Law Group. 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. 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. You still need to get the WRD’s approval of the 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, This is a better alternative to getting your hardship waiver approved via an. 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. 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. Of course, it’s impossible to guarantee one result or another since it’s at the mercy of the U.S. Department of State and the U.S. Immigration Service. For example, there might be a family business in the U.S. that would fail if you are not in the U.S., or your dependent family members might not be able to pursue their profession or obtain special-needs education if they were to follow you home. 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. To check the status of a pending application, visit the. The DOS Waiver Review Division will evaluate all waiver application before making recommendations to the USCIS. J-1 Visa Waivers: Exceptional Hardship P eople whose presence in the US is based on a J-1 visa are subject to a requirement that other visa holders are not subject to — the two-year home residency requirement. To receive a more tailored answer, contact one of our immigration lawyers for an initial consultation. 45.3 Waiver Based on Exceptional Hardship to USC or LPR Spouse or Child. Our office often gets questions regarding J-1 visas, their waivers, and the best way for them to be approached for a favorable outcome. that serves as a sponsor. From there, the applicant will receive a copy of the decision. Do Not Sell My Personal Information, Immigrants Seeking Visas, Asylum, and Green Cards, Life in the U.S. on an Exchange Visitor Visa. 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. holders are subjected to the Foreign Residency Requirement. be aware that while the exceptional hardship waiver technically only takes into account spouses and children, some consideration may be given to qualifying relatives or family members if they will face hardships. J-1 Visa holders are required to return home for at least two years after the exchange visitor program. If you are having doubts about whether your case is best described as exceptional hardship or persecution, an immigration lawyer can help you out. USCIS will forward that recommendation directly to the WRD, but first you need to ask USCIS for it. He is a leading scholar on J-1 waivers, especially in the difficult area of program, policy, and foreign relations issues in J-1 waiver cases involving U.S. Government funding, such as Fulbright cases. It also allows you to work in the U.S. To check the status of a pending application, visit the J-1 visa waiver page on the DOS site. 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. Unfortunately, you can’t complete the whole application process online. What are some factors that may qualify for exceptional hardship? This is not just a statement of the hardships involved. USCIS will forward that recommendation directly to the WRD, but first you need to ask … That’s why it’s best to have an expert working on your case from the beginning. Exceptional Hardship. No, exceptional hardship and persecution are two different things as far as the J-1 visa waiver is concerned. At the end, you’ll get a case number that you can use to check the progress of your case. 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. 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. The U.S. does not take the welfare of its citizens lightly. Hardship waivers are based on a showing of exceptional hardship, not merely a showing that conditions are more difficult in the individual's home country. Complete an Online Application for a J-1 waiver recommendation. 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. It also allows you to work in the U.S. All Rights Reserved. Persecution based on your risk of persecution for religion, political opinion or race. J-1 visa holders are subjected to the Foreign Residency Requirement. If you don’t think you qualify for an exceptional hardship waiver based on the aforementioned criteria, there’s still hope. J1 visa holders who can demonstrate that their departure for two years would cause “exceptional hardship” to their United States citizen or lawful permanent resident spouse or child (“qualifying relatives”) may obtain a waiver of the two-year foreign residence requirement. 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). Hardships can also be psychological, social, cultural, economic, educational, career-related, political, religious, or due to compulsory military service. 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. If you can prove that your qualifying spouse or child may face exceptional hardship if they relocate with you to your home country, you may be able to qualify for a waiver. 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. Eligibility for a Waiver. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. A J-1 visa waiver is sought in order to bypass the rule that requires J-1 holders to be physically present in their home country for two years. USCIS sends the decision to the Waiver Review Division of the U.S. Department of State. 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. Show as many different types of hardship as you can. Fear of Persecution and Exceptional Hardship. Attorney Brian C. Schmitt has years of experience in private immigration law practice, particularly with J-1 hardship waiver and J-1 persecution waiver applications. The latter will spend three or five years in H-1B or another nonimmigrant status before he or she can apply for permanent residence. Each basis has its own qualifying scenarios, and you cannot apply for two at a time. 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