Exceptional Hardship Waiver for Client from India, Program Sponsor: ECFMG

212(e) Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement

212(e) Waiver Approval: Two-Year Home-Country Physical Presence Requirement

Approval for Exceptional Hardship Waiver for Client from India, Program Sponsor: ECFMG

Filed November 16, 2016
Approved July 25, 2017

About this Case, The Facts:

  • Client married a U.S. Citizen
  • Together the couple was expecting their first child
  • Applicant had left the U.S. after completion of his J-1 program
  • Leaving his pregnant wife alone in the U.S. Applicant’s wife was having a high risk pregnancy

To win this case we needed to argue that the wife would suffer if Applicant were unable to return to the U.S. and also if wife tried to relocate abroad.

Regarding the scenario of continued separation, we successfully argued Applicant needed to return to U.S. to support his wife in her pregnancy, child birth, and post partem period.

Regarding the scenario of having the wife relocate, we researched and crafted arguments based on country conditions in India and the wife’s ties to the U.S.

Applicant then reentered the U.S. on a tourist visa while the j waiver was pending and ended up filing for adjustment of status so he could stay with his wife and now newborn child. Thankfully we received the approval of client’s j waiver before his “greencard” (adjustment of status) was adjudicated.

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