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

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.