Archive for category: J1 Visas

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.

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!

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.