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.
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