Success Story Highlight
J-1 persecution waiver approved for J-1 from a middle eastern country
Filed: March 14, 2022
I-613 sent to DOS by USCIS: December 21, 2022
I-613 received by DOS: January 11, 2023
DOS favorable recommendation: January 31, 2023
We argued the applicant would be subject to persecution on account of both his political opinion and religious beliefs/practices. Applicant’s wife was assaulted by a paramilitary group in the couple’s home country. Applicant and his wife have progressive values including equality and acceptance for all and the belief in freedom of speech and expression. The couple has aligned themselves with the U.S., living here for many years and raising their English-speaking fully American child. Applicant openly criticizes some Islamic beliefs and we argued his open deviation from Islam would also result in persecution. We could have filed this case based on exceptional hardship or persecution but the processing times for persecution are much more favorable so we were able to secure an approval for the applicant in a more expeditious manner.
Approval for J-1 exceptional hardship waiver
for Latin American academic with government
funding
Case filed with USCIS and DOS with request for expedited processing: July 11, 2021
USCIS sent the I-613 to DOS: September 29, 2021
I-613 dated as received by DOS from USCIS: October 19, 2021
DOS issued their favorable recommendation: August 31, 2022
Pending approval notice from USCIS
This case was for an individual from a Latin American country with government financing from his home country’s government. The qualifying relative was the applicant’s U.S. citizen child.
The child is under the care of multiple medical specialists. Among other arguments, we argued exceptional medical/developmental hardship and country conditions. We filed the case with a request to expedite and USCIS granted the request to expedite, transferring the case to DOS in just over two months. Unfortunately, despite filing a request to expedite with DOS, the case stalled at DOS for just over 10 months. Posted processing times for DOS are up to 52 weeks.
J-1 Exceptional Hardship Waiver
for Indian Client
Filed: July 2020
I-613 transferred from USCIS to DOS: January 11, 2021
DOS Favorable recommendation: May 19, 2022
Applicant came to the U.S. on a one and half year J-1 program. Client remained in the U.S. after expiration of his J-1. Client has been in the U.S. illegally for well over a decade. Client married a naturalized U.S. citizen and the couple have a U.S. born child. Applicant is the primary caregiver for his child while the spouse works. We argued there would be exceptional hardship to the American spouse if this waiver is denied because daycare is extremely expensive and beyond the family’s ability to pay. Also, the American spouse has chronic back/neck/shoulder pain, is under the treatment of a chiropractor, and the chiropractor provided a letter explaining the necessity for Applicant’s continued support of American spouse. We also always argue country conditions for the scenario of relocation.
OUR Success StorIES
Approval of I-601A Provisional
Approval of I-601A Provisional
J-1 exceptional hardship waiver approved for physician from India
Filed: May 26, 2021
Form I-613 received by DOS from USCIS: October 17, 2021
Favorable recommendation issued by DOS: March 08, 2023
USCIS approval: March 23, 2023
We applied for an exceptional hardship waiver on the basis of exceptional hardship to the physician’s young American born child. We argued the child’s developmental needs could not be met in India. There was extensive discussion of the country conditions in India. We also discussed the physician’s future in India including the dismal licensure pass rate and working conditions, relevant to his ability to provide for his family in India. If this waiver were to be denied the child could not remain in the U.S. because the child’s mother, the applicant physician’s spouse, is a J-2 dependant on the physician’s visa.
J-1 exceptional hardship waiver approved for physician from Germany
Filed: September 22, 2021
Form I-613 received by DOS from USCIS: January 27, 2022
Favorable recommendation issued by DOS: March 09, 2023
USCIS approval: March 23, 2023
We applied for an exceptional hardship waiver on the basis of exceptional hardship to the physician’s American spouse and American stepchild. To win these cases we need to prove exceptional hardship if the physician went to their home country by themselves (with American relatives remaining in the U.S.) and also if the family relocated to the home country together. In this case, we argued that if the physician went to Germany by herself, there would be exceptional hardship because the applicant physician is the main caregiver to her American stepchild. Also, the spouse’s employment also does not offer family or sick leave or even health insurance. The family’s health insurance is provided by physician’s employment. We were also successful concerning our arguments in the scenario of relocation including the stepchild’s inability to adjust to life in Germany and exceptional financial hardship due to ongoing financial costs in the United States including spouse’s student loans. Now the physician can move forward with her marriage based greencard.
Egyptian J-1 Waiver Approved with U.S. Government Financing
Filed: February 24, 2020
RFE issued by USCIS: April 10, 2020
RFE response filed: June 10, 2020
I-613 sent by USCIS to DOS: October 7, 2020
DOS received I-613 from USCIS: October 19, 2020
Request for Sponsor Views by USCIS: February 22, 2022
Sponsor Views received by DOS: April 25, 2022
Favorable Recommendation by DOS: June 9, 2022
Approved by USCIS: June 27, 2022
Summary:
The qualifying relative was a U.S. citizen child. We argued many aspects of hardship rooted in the country conditions.
Approval of J Waiver Based on Hardship
Filed: July 7, 2014
Approved: September 17, 2014
Our client’s spouse is a veteran of the U.S. Army with a minor disability. She would be unable to follow our client to his home country for two years because she receives all of her medical care for free through the Veteran Affairs Hospital. Also our client’s stepson could not be removed from the U.S. because his biological father would not allow it and client’s stepson needs our client to remain in the U.S. because the stepson was covered by the health insurance provided by our client’s employer. We also argued that client needed to remain in the U.S. because his wife and stepson rely on his income and client could not support them from abroad and client’s wife had been dealing with anxiety and depression over the possible loss of her husband for two years, extreme emotional hardship. Case was approved in just over two months! – Read the Article about this success story.
Approved I-601 Extreme Hardship Waiver
Case filed: October 1, 2020
RFE issued February 5, 2021
USCIS transferred case to DOS: August 13, 2021
DOS received I-613 from USCIS: August 18, 2021
USCIS approved: March 30, 2022
Client was previously in the U.S. on a J-1 visa. Client later returned on a B1/B2 visa. During client’s visit in the U.S., client married a U.S. Citizen. Client and spouse went to an unqualified practitioner who advised client to file for marriage-based adjustment (greencard.) Client tried to tell practitioner about the two-year home residency requirement of prior J-1 visa, practitioner wrongly insisted client qualified anyways. Case was denied and client was placed in removal proceedings in court. Client hired unqualified practitioner to file J-1 exceptional hardship waiver case. When client received brutal Request for Evidence client reviewed what the unqualified practitioner had filed and was very alarmed. Client contacted our office and we took over the case, responding to the request for evidence and presenting the case as it should have been presented from the beginning. J-1 exceptional hardship waiver was approved, client is thrilled and thankful. Now Client can get her greencard based on her marriage and close her court removal case. Client feels so lucky to have finally found good help.
J-1 Exceptional Hardship Waiver
Approved for Client from China with Government Financing
Case filed: March 9, 2020
USCIS sent recommendation to DOS: May 29, 2020 I-613
Received by DOS from USCIS: June 16, 2020
DOS approval: March 23, 2022
Client is married to a U.S. Citizen in the armed forces. At the time of case filing, client and her spouse were expecting their first child. Client’s spouse cannot relocate due to his services. Client needed to remain in the U.S. with their child. We also argued hardship inherent in the country conditions.
I-613 Approval of J1 Waiver
I-613 sent by USCIS to DOS on April 1, 2021
DOS favorable recommendation: June 2, 2022
USCIS approval issued on June 23, 2022
This was an extremely complicated and nuanced J-1 waiver case. Client originally filed her J-1 waiver case in 2018, case had been denied and closed, and client had already gone through several attorneys prior to coming to our office. We are so thankful for the client’s trust and our ability to secure an approval and conclude this long process for the client.
Approved I-601 Extreme Hardship Waiver
Filed: February 2, 2021
Approved: August 23, 2021
Client entered the U.S. legally but remained in the U.S. illegally for a number of years before departing voluntarily. After leaving the U.S., client got married to a U.S. citizen. Per the ten-year bar, client was denied at his immigrant visa interview. We filed client’s I-601 extreme hardship waiver. American spouse was client’s qualifying relative for purposes of INA 212(h)(1)(B).
We argued client’s spouse would suffer extreme hardship if he was not allowed into the U.S. We argued the hardship in this case is not speculative as American spouse tried to live abroad with client and the couple could was unable to support themselves. Spouse’s mental health deteriorated. Inability to reenter the U.S. was also affecting the couple’s ability to have a family. Approval took just over 6 months.
212 E Waiver Exceptional hardship waiver
Filed: August 28, 2019
USCIS issued RFE: March 12, 2020
Responded to RFE: May 20, 2020
DOS received I-613 from USCIS: October 19, 2020
DOS Favorable Recommendation: September 15, 2021
When client’s J-1 status expired he left the U.S. with his family and went to another country, not Egypt. Client’s desire was to return to the U.S. with his approved employment-based case. We successfully argued that Applicant’s three United States citizen children would suffer exceptional hardship in Egypt and client’s work was valuable to the U.S., hence his case should be evaluated with a more liberal standard. Client was issued a boilerplate RFE which made the process longer. Ultimately, we were able to achieve an approval so client and his family can return to the U.S
Fulbright exceptional hardship waiver
Filed: July 2019
USCIS sent I-613 to DOS on: March 17, 2020
DOS received I-613 from USCIS on: March 26, 2020
DOS Favorable Recommendation: July 20, 2021
USCIS Approved: September 7, 2021
Fulbright exceptional hardship waiver approved for a client from an East Asian country. We argued exceptional hardship to client’s U.S. Citizen spouse and their U.S. Citizen toddler. Toddler has significant developmental delays and would not have access to the treatment he needs for his developmental delays. Spouse does not speak the language, has medical issues which prevent his ability to learn and do most types of work, and he must remain in the U.S. to manage his properties. Spouse’s blind U.S. Citizen mother is dependent on the couple. We also made an argument concerning client’s own health, relevant insofar as the treatment she needs is not available in her country. The Ministry of Health in her county doesn’t approve of the two drugs client needs. It was a long journey but we were thrilled to help this family stay together in the U.S.
approved for client from a middle eastern country
Filed: August 2020
USCIS sent recommendation to DOS: January 22, 2021
I-612 and I-613 indicated as received on DOS website on: Feb 22, 2021
Request to Expedite filed with DOS: August 25, 2021
Request for sponsor views: January 18, 2022
Sponsors views received: January 20, 2022
Favorable recommendation: January 25, 2022
USCIS approval:
Summary:
Client is married to a U.S. Citizen and has a U.S. Citizen baby. Case was largely based on country conditions. Also, the American spouse was in treatment for depression and anxiety. Additionally, the American spouse’s income was insufficient to support the family. Some attorneys won’t even file Fulbright hardship cases but with heavy documentation and good arguments we’ve had repeated success in this area.