Date Waiver was Filed: 9-27-17
Date of Approval: 9-09-19
Client is a native of: India

Our Indian native client is an accomplished doctor who conducts medical research. To get her J-1 waiver approved, we proved that our client’s United States Citizen relative (her young daughter) would suffer extreme hardship if her mother were to return to her home country of India to fulfill the two-year foreign residency requirement without her and with her.

The facts of this case: how we proved exceptional hardship

Client’s Daughter:

• needed to stay in the United States to continue seeing a highly-knowledgeable medical specialist to help with her specific medical condition – which she would not have access to if she were to return to India with her mother;
• could not remain in the United States without her mother: the separation was not an option as the child was fully dependent on maternal care. The baby was exclusively breastfed and refused formula.

Furthermore, we also proved that client’s husband:

• would be adversely affected if he were to stay in the home country or remain in the United States without our client;
• was only two years away from being eligible to naturalize; relocating to India would delay this process;
• was seeing a psychologist for severe mental conditions and a physician for a physical ailment. Both of which would be difficult to attend to in the same high-quality manner if they were to relocate to India;
• would not be able to continue his work, since his occupation’s field is far behind in India and lacks the progress and solid foundation that exists in America

In addition to all this, if the family were to relocate to India, they would face extreme hardship as they would need to sell their house, and in doing so, they would deplete their savings and have nothing to return to America with except for damaged credit and debt.

Our client’s J-1 waiver was approved on 9/09/19

Our client will do a lot of good for patients and, through her research, for the future of medicine.

Our Canadian native client is a medical specialist who was pregnant with her first child when she contacted our firm to file her J-1 waiver case.

We proved that our client’s United States Citizen husband and his United States Citizen parents would suffer exceptional hardship if she returned to her home country of Canada to fulfill the two-year foreign residency requirement and if her husband et al were to relocate to Canada with her.

Her spouse would be devastated because of his inability to continue his career abroad and because of the couple’s obligations to his elderly sick American parents. He had sacrificed so much to become a United States board certified specialist (spending 14 years in education and training) and is unable to practice in Canada.

Furthermore, he had mental health issues including generalized anxiety disorder. Any other scenario aside from an approval of this waiver would be severely detrimental to his mental health and ability to function.

Finally, he would not send his wife to Canada to be a single mother to their child, he would not remain in the United States separated from his wife and child, nor would he separate the child from its mother and send his wife to Canada by herself.

Our client is one among the severe shortage of medical specialists.

Current wait times to be seen by this specialist for initial evaluations is up to 11 weeks. If consulted and seen early, therapies can be put into place to prevent further damage to overall health.

Fortunately, because of her J-1 approval our client can continue helping a vulnerable population.