Recently we just got an approval for someone a Client from Pakistanand I’m going to tell you how we did it.
So when you apply for a J-1 Visa Waiver the biggest mistake that I’m still seeing is people are waiting too long. Right now it is taking anywhere from eighteen and a half to two years to get a Waiver and these times are changing all the time. But specifically:
how we got this approved
Every case is unique and in this situation the Pakistani spouse was Christian and he was Muslim. So if she would have went back to Pakistan, their lives could have been endangered because of that relationship. And so that was one factor that we talked about. So in the J-1 exceptional hardship Waiver you need to demonstrate hardship if you’re separated and hardship if you or your spouse, who is the US citizen remains in the US while you go back, or if your spouse joins you, also have to show extreme hardship.
So what’s the hardship I just talked about?
It was in the event you should both return to your home country. Another way that we demonstrated the hardship was because if the US citizen were to remain in the United States she had also a history of depression and that depression would be exacerbated. So with both of those factors we were able to get a J-1 hardship waiver approval without an RFE and in today’s day and age that is very significant because USCIS is issuing a lot RFEs for J-1 Waivers. Every case is unique so just because we’ve got this case approved doesn’t mean that your case would be approved, but contact our office at (916) 613-3553 so we can evaluate your situation and see if you qualify to apply for a J-1 exceptional hardship Waiver.
These cases require a lot of work to demonstrate the exceptional hardship: you write a legal brief explaining the hardship because it’s more than just mere separation and so it requires more than just filling out the form. We believe it needs a legal argument especially in this day and age with the Trump Administration so that’s why we prepare a legal brief.
If you have questions you can call us at (916) 613-3553 and we look forward to seeing you next week we will not be here Thursday because I is the fourth of July so we will talk to you next Friday – Thank you and have an awesome day.