J1 Hardship Waiver Approval for Client from Egypt

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.