Archive for category: J1 Visas

J-1 Hardship Waiver for Egyptian Client with Government Funding

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The facts about this case:

  • Client has two United States citizen children.
  • The older of the two children had RSV and a medical history of respiratory illness.
  • That child receives medical care multiple times each year.
  • In the United States the family has excellent health insurance coverage via client’s employer which they would lose if the family relocated to Egypt.

The Ranchod Law Group argued exceptional medical hardship because of this and because conditions in Egypt would aggravate the child’s health.

This problem is also compounded by the unavailability of medical care and medications in Egypt.

We also made additional hardship arguments due to:

  • the dangerous conditions in Egypt including terrorism and kidnapping;
  • the exceptional financial hardship which would accompany relocation to Egypt as relevant to the children;
  • the severe educational deficiencies in Egypt;
  • the language barrier;
  • emotional/mental health hardship to the children;

among other hardships.

The case was approved in a year and three months.

Additional information and other success stories about I-612 Waivers:

J1 Hardship Waiver for Brazil Approved

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Hi this is Kaushik Ranchod from The Ranchod Law Group here, coming to you live, and today we’re going to talk about J-1 Visa hardship waivers.

We’re talking about just how we got this Waiver approved for a client from Brazil!

A word on what you have been waiting for.

First of all I want to give you an update – it’s taking 19 to 21 months to get an approval, now that’s in July 2019: crazy times but that’s what it is, so don’t wait because we get too many people who call us when it’s too late.

What you’ve been waiting for:

How did this Waiver get approved?

Well we got this J-1 Visa hardship waiver approved because they’re from Brazil – a national from Brazilmarried to a United States citizen and he has a career, long standing career, here in the United States with a very well-known company… he had to give all of that up if he went to Brazil – now who wants to give up that! You work here all your life, you work hard and then, because you marry someone with the two-year rule you have to leave?

Well USCIS agreed with us, we made a legal argument about that: you know tighten all of the facts and what not, arguing career hardship and also the financial obligations. Also, they had gone through separation before and they didn’t want to go through that again – who wants to be separated for two years of their life: that basically disrupts everything in the United States!

If you’re on a J-1 Visa, you know that if you’re here, you know I need an I-601 waiver, then you know that too, and the requirements are very similar although there are some differences with those two so bottom line is call us at (916) 613-3553 to see if you qualify because it just depends on a bunch of factors. There’s not one factor that makes or breaks a case typically – typically it’s the totality of circumstances:

  • it’s the financial hardship
  • it’s the career hardship
  • maybe it’s a health issue
  • maybe it’s the political situation that’s going on with the country at the time as well

In Brazil, you know, there is a lot of crime as well so there are issues specific to Brazil as well that also helped with the J-1 Visa waiver. So every case is different of course, that depends on what country you are from.

I invite you to ask any questions and tune in next Thursday for our next live show on immigration and your questions.

Thank you have an awesome day – bye for now.

Additional information on the subject of J-1 Visas:

J1 Hardship Waiver Approval for Client from Egypt

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J-1 Exceptional Hardship Waiver Approval

Filed: May 25, 2017
Request for Evidence Issued: November 9, 2017
Request for Evidence Response Filed: December 2017
Approved: May 21, 2018
J exceptional hardship Waiver Approved for Client from Egypt

The Facts

  • Client entered the United States
  • Married an American woman of Egyptian descent

In order to win these cases, we are required to prove that there would be exceptional hardship under the following circumstances:

  • In the event client’s American wife accompanied client to Egypt for two years
  • If she remained in the U.S. without client

There were numerous factors we used to successfully argue our case

Client’s wife does not wear the Muslim veil and dresses in an Americanized way which makes her an extremely obvious target in Egypt.

We included extensive evidence supporting that Egypt is extremely dangerous due to instability, terrorism, and lack of women’s rights, among other factors.

Country conditions (i.e. lack of suitable medical care, the economic crises, etc.) would also inherently result in exceptional hardship to her. Also, client’s wife is currently pursuing graduate school and is financially dependent on client.

Finally, we argued both scenarios in the event of a denial would have resulted in exceptional mental health hardship because client’s wife was diagnosed with depression and takes prescription anti-depressants. Client and his wife were alarmed and worried when they received the Request for Evidence, but issuance of these requests has become more common recently and we were able to aggressively respond on client’s behalf and get the case approved.

About Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement

Research scholars, professors participating in programs for medical or business training with J1 Visas are subject to a two-year home-country physical presence requirement. Under the Immigration and Nationality Act, 212(e) J-1 Visa holders are required to return home for at least two years after the exchange visitor program. If you cannot return home for two years, you must apply for exceptional hardship a Waivers. The Department of Homeland Security must approve your Waiver before you can change status in the United States or receive a visa in certain categories.

Related Information: other I-612 Waivers Approved

J-1 Hardship Waiver Approved for Egyptian Applicant With Government Funding

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J-1 Waiver Approval, I-612 Application to waive foreign residence requirement

Filed: March 20, 2017
Approved: April 3, 2018

The Facts

  • Applicant has been in the United States since 2014
  • His wife gave birth to a now three year child in the United States
  • At the time of filing she was expecting a second child

We proved that the three year old American Child would experience exceptional hardship not only if the child accompanied the Applicant back to Egypt, but also if the child remained in the United States without the Applicant.

Attorneys at the The Ranchod Law Group successfully affirmed that the second scenario was not a possibility in this case as the child could not remain in the United States without the parents and Applicant’s wife, the mother, was a J2 Visa dependent also subject to the home residency requirement.

We have had other similar cases to this with young American children and our arguments focus primarily on the country conditions which would inherently result in exceptional hardship to an American child living in Egypt for two years.

Attorneys at The Ranchod Law Group have extensive experience and keep up to date in order to make strong arguments on clients’ behalf.

In this specific case we argued that the hardship would become further magnified after the birth of an additional American child. We are so happy this growing family can continue their future in the U.S.

The applicant is a brilliant researcher who is sought after in academics.

Call now for an appointment or Email us and describe your case.

Related Information: other I-612 Waivers Approved

How a Waiver Can Change Lives

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Let me tell you a story about one of my recent cases.

My client, Dr. Doe*, is a doctor-in-residency, as is his wife. The two have a baby and take turns caring for him. Because they both work long hours and have no family nearby, they are responsible for his childcare. They do not have anyone else to take care of their baby and cannot afford childcare.

However, Dr. Doe was required to return to his home country for 2 years to complete his home residency, a requirement of a J-1 visa. How would Dr. Doe’s wife be able to continue her work and care for their baby while he was gone?

Fortunately, our staff at The Ranchod Law were able to help.

We filed a Waiver application including a detailed legal brief on Dr. Doe’s behalf, showing the exceptional hardship his family would suffer if he were required to return to his home country. After several more steps, we were able to gain approval for an exceptional hardship waiver of the home residency requirement.

Stories like these happen every day. Luckily, Dr. Doe knew who to turn to, and his situation allowed for a Waiver to be granted. But what about other foreign medical professionals who do not have the same experience?

Another type of waiver, the Conrad 30, allows foreign medical doctors to avoid the 2-year residency requirement. The Conrad 30 Waiver is contingent on an offer of full-time employment from a healthcare facility that falls in a shortage area.

If you are part of a healthcare facility that fits this category, or you know one that does, you might consider being part of the Conrad 30 program. We are happy to talk with you about Waiver types if you have questions – at call our office or send an email now!






Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

J1 Visa Waiver Applications, Section 212 (e) Approval Notice and Success Story

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J1 Waiver Approval Document Section 212(e)

J1 Waiver Approval Document Section 212(e)

J-1 Hardship Waiver Approved for Client from Egypt with Government Funding

Filed: February 23, 2017
Approved: October 24, 2017
We are delighted to share this new Success Story related to a J-1 Visa Waiver Application for one of our most recent Clients.

The Facts

  • The Client had been in the U.S. for several years on a J-1 with government financing and his spouse was a J-2.
  • The couple had a baby, now a young child, born in the U.S.
  • At birth, the child had an abnormal newborn screening and since then had several respiratory infections.

How we Successfully argued in favor of a J-1 Waiver of Section 212(e)

  • We explained if this Waiver were denied, the child would be forced to relocate to Egypt for at least two years because the child cannot remain in the U.S. without his parents.
  • We successfully argued relocation would result in exceptional medical hardship as in the U.S. the child had excellent medical coverage but in Egypt the available medical care is inadequate. In fact we successfully argued that the child received inadequate health care on a trip to Egypt because ill
  • We successfully argued the exceptional hardship to the child’s development and mental health.
  • We also successfully argued other exceptional hardship inherent in the dangerous country conditions.
  • Finally, we successfully argued that the J-1 father faced hardship in Egypt in terms of his employment prospects and future and this was relevant insofar as the hardship would affect the U.S. citizen child.

Schedule a consultation with us, call now (916) 613-3553


Other Success Stories and Information for J-1 Visa Holders:

Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

J Waiver Approval Notice and Success Story for Doctor from China

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J1 waiver approval notice

Filed: December 22, 2016
Approved: September 1, 2017

Our client is a doctor who was subject to the two year home residency requirement and was seeking a J1 Visa Waiver.

She was married to a lawful permanent resident and together they have U.S. citizen baby.

Winning the Case, Proving Exceptional Hardship

In order to win these cases we have to prove client’s resident spouse would suffer exceptional hardship both if:

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

We successfully argued that in the scenario of relocation there would be exceptional financial hardship to the resident spouse because the resident spouse would have to leave his employment and it would be very difficult to obtain good employment in China because his educational foundation, experience, and connections are all tied to the U.S. – If he left his employment he would also lose his and their daughter’s health insurance which they need.

In terms of separation client’s spouse does not feel capable of raising his daughter without his spouse.

We also argued his daughter does not have lawful immigration status in China. In addition to needing his wife in the U.S. as a co-parent we argued he depends on his wife to be in the U.S. emotionally for his mental health and for regulation of his diet.

We are so happy this accomplished doctor, loving wife, and mother, does not have to comply with the two year home residency requirement.

Schedule a consultation with us, call now (916) 613-3553


Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

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