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What is the difference Between J1 Persecution Waiver and J1 Exceptional Hardship Waiver

Kaushik Ranchod from the Ranchod Law Group welcomes you to this episode of the Immigration show. In this episode, Kaushik will talk about case studies for J-1 waivers. In particular, the case studies covered in this episode are the J-1 persecution waiver and the J-1 exceptional hardship waiver.

J-1 Persecution Waiver

The first case study that we will discuss is the J-1 persecution waiver, where the individual had Fulbright U.S. government funding. In this situation, when our client went back to her home country, she was interrogated, and they asked her to provide certain information. She did not disclose that information; she concealed it because, in that situation, she feared for her life. So she ended up leaving her country and not providing that information.
When she came to the United States, she was teaching. So her teaching activity was another factor that the government wanted to persecute her.
So in this situation, because of her actions and political opinion, she would have been persecuted.

I’m happy to say that we successfully got the case approved so she would not be persecuted if she went back to her home country. If you’re a Fulbright scholar or you have received U.S. government funding, you may want to consider a J-1 persecution waiver. The J-1 persecution waiver may be viable if you don’t have qualifying relatives required by the exceptional hardship waiver.

The Exceptional Hardship Waiver Case Study

Case study number two is about a success story for an exceptional hardship waiver. As I previously mentioned, you need a qualifying relative to apply for an exceptional hardship waiver.

The Qualifying Relative

A qualifying relative can be your spouse who is a lawful permanent resident, a U.S. citizen spouse, or a child who’s a permanent resident or U.S. citizen. So in this specific situation, the spouse was a qualifying relative.

In this case, this spouse was a Veteran with a minor disability. The couple relies on the insurance and health care provided by the U.S. government. If they were forced to leave the U.S., they would not have had access to the healthcare insurance and the healthcare programs offered by the V.A. in the United States. Also, our client’s stepson could not leave the United States because the father would not allow the stepson to leave the country. So we argued that as a form of hardship as well. We also argued that the client’s wife and stepson rely on our client’s income, which would be a form of financial hardship if they were forced to separate.

Extreme Emotional Hardship

In this situation, we were also able to argue extreme emotional hardship. The wife was suffering from anxiety and depression because the husband may have had to go back to his home country for two years.

Mere Separation does not constitute Extreme Emotional Hardship

It’s important to note that mere separation is insufficient and does not constitute Extreme Emotional Hardship. In this situation, our immigration attorneys who worked on this case proved hardship by proving that the circumstances exerted pressure that would go above and beyond mere separation. The anxiety and depression would be beyond what a normal separation would entail.

No Objection Waiver Denials

Another point that I want to bring up before ending this article is the “No Objection” Statement or No Objection Waiver. We are receiving more calls from individuals on a Fulbright program, have received government funding, and are getting their No Objection Waiver denied.

If you receive U.S. government funding, usually, you’re going to get the No Objection waiver denied. So I invite you to call us and speak to one of our Immigration attorneys at the office or me. We are here to provide you with information and help you understand the No Objection Waiver. Learn more about these waivers and the procedures to follow. Every situation is unique: choosing the correct legal process and waiver will differentiate between an approval or denial of your case.

Thank you for taking the time to watch the video and read this article about the J-1 Persecution Waiver and the J-1 Exceptional Hardship Waiver.