Archive for category: Hardship Waivers

A 212(e) Hardship Waiver Success Story

Our latest success story here at the Ranchod Law Group comes from a Dominican national who was faced with having to go back home without her United States -born husband and child because of her two-year residency requirement. The client sought our services as she had filed the Waivers on her own, but did not complete it by sending the necessary forms and documents to the Department of State ( Department of State Department of State (DOS) ) as well. Within weeks, we prepared a compelling statement of reason to show why separation from her family was not feasible–and also why her family relocating with her to the Dominican Republic would have resulted in exceptional hardship . We identified exceptional hardship s to our client’s husband, showing that he would be financially unable to provide for their two children, and our client in the Dominican Republic. Additionally, one of her children was diagnosed with autism, and we demonstrated why he would suffer exceptional hardship if his mother were to relocate back to her home country.

After about 4 months of anxiously waiting, we received the approval from the Waiver Review Division of the Department of State (DOS).

The client, her husband, and their children are now able to remain together in the United States where their son can get the specialized attention he deserves.

• Date Filed: 1/2/2018
• Date Approved: 2/4/2019

The Ranchod Law Group was able to get the case approved even though there was Government Financing¹.

The Facts About this Approval

• Applicant has two U.S. citizen children from a relationship he had while in the U.S.
• Is now married to a U.S. citizen
• He is the stepfather of his wife’s children from her prior marriage.

The Ranchod Law Group argued numerous factors in this case which would contribute to a finding of exceptional hardship whether:

• applicant returned to his home country on his own for two years;
• his qualifying relatives (wife and two children) tried to relocate for the two-year period.

Applicant’s wife has received therapy in the past which we argued is relevant in both scenarios

We maintained:

• If waiver were denied, Applicant would not be able to see his children from his prior relationship.
• If his wife relocated, she wouldn’t be able to see her own children.
• If waiver was denied, the wife and children would all lose their health coverage which is provided by Applicant’s employment.
• Applicant’s wife is a student, unemployed, and completely financially dependent on Applicant, a role he could not fulfill from abroad.
• Applicant couldn’t meet his child support payments from abroad.

approvals are currently taking around 17.5 months

We were pleased with the comparably quick turnaround.

(1) – The participation in an exchange program financed by an agency of the United States Government or the government of the country of citizenship or nationality or last foreign residence, for the purpose of promoting international education and cultural exchange.Click here to return to the note.

212(e) Hardship Waiver Success Story for J-1 Visa

• Date filed: 04/17/2018
• Date approved: 12/12/2018

Client is a professional from Lebanon. Client is married to a United States Citizen and the couple recently had a baby in the U.S. Client entered the U.S. as a J1, subject to the two year home residency requirement.

The Ranchod Law Group filed for a hardship waiver so client could remain in the U.S. with her American spouse and child, under Chapter 45 Waiver of Section 212(e) Foreign Residence Requirement, (45.3 – Waiver Based on exceptional hardship to U.S. Citizen or Lawful Permanent Resident Spouse or Child).

The case was based mostly off of arguments concerning the hardship inherent to the family’s relocation to Lebanon due to country conditions.

In order to win the case, The Ranchod Law Group argued the American spouse and/or child would suffer exceptional hardship if Client returned to Lebanon without her family to complete her home residency requirement. To support this part of the case we argued exceptional emotional hardship – hardship to the American spouse’s mental health.

We are so happy Client will be able to remain in the U.S. with her American spouse and child. Client’s next step, now that she is no longer subject to the home residency requirement, will be to apply for a marriage based greencard.

The facts about this case

• Client is from a country in South Asia.
• Spouse is on a J2 Visa.
• The couple has an elementary school aged child.

In this case there were a number of key factors based on the economical and political situation in the country, namely:

• political turbulence;
• economic crises;
• sharp inflation;
• humanitarian crisis;
• critical shortage of daily necessities;
• unavailability of medical care;
• unavailability of essential medicines;
• absence of clean water and food;
• infrastructure issues;
• lack of education.

All these factors would have an exceptionally negative effect on the child’s safety, health, education, well-being, development, and mental health and would create a situation of extreme hardship.

Here at the The Ranchod Law Group, we relied heavily on our ability to argue the case and document all these negative aspects and conditions the family would experience and endure.