J Waiver Approval 09/08/2017




J1 Waiver approval – section 212(e)

J Waiver Approved for Client from Eastern European Country with Department of State Funding

  • Filed January 25, 2017
  • Approved September 8, 2017

Our Client married a woman born in the U.S. In order to win this case we had to prove client’s U.S. Citizen wife would suffer extreme hardship both if:

  • she went with client to his home country for two years
  • she remained in the U.S. while client completed his two year home residency requirement abroad

How We Argued Extreme Hardship

  • In terms of relocation we argued that the wife does not speak the language in client’s home country and she would be socially isolated and unable to continue working abroad.
  • We also argued with our own supporting evidence there would also be safety issues which would accompany relocation.

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Either of the above scenarios, relocation or separation, would also result in exceptional financial hardship for the wife because client is the primary financial provider, a role, we argued, he could not fulfill from abroad.

Either scenario we also argued would result in exceptional hardship to wife’s mental health.

Either scenario would also result in wife losing her health insurance coverage which is dependent on client’s employment and she has needed for her past medical issues.

J waiver cases with Department of State funding are notoriously difficult to win and now that his waiver has been approved we are so happy that this client can stay with his American wife in their home in the U.S.

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