Hardship waiver

[RIV]

Hello,

I am a Physician in training on J1 visa and will be finishing up in 6/2017, I have applied for hardship waiver with USCIS in 7/2016, DoS received my documents i.e I-612 and I-613 on 13th December but I am still waiting for final recommendation from DoS, can anyone else share their experience in similar situation specially the timeline, or if anyone in similar situation whose case is also pending with DoS?

 

Thanks.

 

Edited February 10, 2017 by RIV

[mikenovva]

Hi there,

 

I am on the same boat (very similar case actually).

-I submitted my hardship waiver along with form I-612 in June and it was received by USCIS on 6/12/2016.

-USCIS sent it to DOS on 12/13/2016 for a second non-USCIS advisory opinion

-It has been pending since then (It's been almost 9 months since I submitted my waiver initially)

Please update me about yours! Hopefully you already got your approval?

[ITB]

Hello,

Same case here. Submitted hardship waiver application to USCIS in 8/16. USCIS forwarded it to DOS for non-advisory opinion in 11/16. Since then its pending at DOS

Please update about your status.. any approvals?

[KevinNE]

My wife is in a similar situation for Hardship waiver.  USCIS has sent favorable recommendation (I-613) to USDOS on February 17th.  USDOS received it and sent sponsor view on February 22nd.  The sponsor view received on the 24th.  Not sure if getting the sponsor view back so quickly is a good sign or not.  No notice since the 24th.

 

 

[Cleop76]

Has anyone who has filed a hardship waiver in the last year received updates on their cases from DOS? Please help post your timelines which would help others at least get a sense of whether there is any movement happening at the DOS and to see if there are any trends in processing times. My hardship case was filed in August 2016 and was sent to DOS by December 19th and am currently still waiting for an update on the case. Hope to hear from others on their recent experiences as well.

Thanks,

[hardship_applicant]

On December 19, 2016, USCIS received our Form I-612 for hardship waiver. DoS has not received it from USCIS. I am neither Physician nor Fulbright scholar. I did PhD. I will keep you updated as soon, I hear anything from USCIS or DoS.

Edited March 30, 2017 by hardship_applicant

[ITB]

my application is still pending with DOS since 11/16. Has there been movement in other applications? please update

[davince]

On 3/30/2017 at 8:07 PM, ITB said:

my application is still pending with DOS since 11/16. Has there been movement in other applications? please update

I posted my time line already. My 10 months of waiting is over. J1 hardship waiver 

[mikenovva]

ATTENTION! UPDATE ON MY WAIVER APPLICATION!

My incompetent Lawyer had made a mistake!!! That's why my case has been taking so long!!

Mine was based on exceptional hardship. Form DS-3035 was supposed to be filed with the DoS (partially online and the rest through mail) <<< This had to be the first step of the waiver!! Then (second step), you file I-612 with USCIS!

My timeline:

-6/12/2016: I-612 was received by USCIS

-12/13/2016: USCIS requested another Non-USCIS Advisory opinion (I assume with DoS).

-My have has been pending ever since (4 months)! It shouldn't take so long with DoS! Usually takes them a few weeks!

-Today, I e-filed DS-3035 online, printed and sent out with supporting documents as it was supposed to be done by my lawyer in the first place!!!

FOR THOSE WHO HAVE THEIR CASE WITH DOS FOR TOO LONG, MAKE SURE THAT YOU'VE FILED THAT FORM WITH THEM UNLIKE ME!!!

THE FOLLOWING LINKS ARE VERY USEFUL! I WISH I HAD FILED EVERYTHING BY MYSELF IN THE FIRST PLACE! I WOULD DO A WAY BETTER JOB!!

https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver/ds-3035-instructions.html#step2

AND;

http://www.nolo.com/legal-encyclopedia/j-1-visa-holder-get-exceptional-hardship-waiver-two-year-home-residency-requirement.html

 

[markovich]

Hi friends,

DOS received my case on Dec 16th and I still haven't heard back. Just wondering if any you whose cases were received around the same time had your decisions?

My timeline:

April 2016 - Case submitted to USCIS

Sep 2016 - USCIS requested advisory opinion from DOS

Dec 2016 - DOS acknowledges receipt of documents 

[hardship_applicant]

DOS received my case from USCIS on May 18, 2017.

Now the DOS website says:  " Department of State Advisory Opinion Finding:  Pending "

On December 19, 2016, USCIS received our Form I-612 for hardship waiver. I am neither Physician nor Fulbright scholar. I did PhD.

 

[fundebby]

hi please did anyone  get any update as yet. I am  a physician  starting 3rd year in JULY  2107 , will finish july 2018. I want  to start an application for    hardship waiver  based on marriage.  is  the time line feasible

[hardship_applicant]

My lawyer said that, DOS website showing " Department of State Advisory Opinion Finding:  Pending "  message, does not mean they received my application from USCIS.

[Tonyer]

Similar situation in my case, I filed on 12/12/2016 for J1 hardship waiver.  Still no response from USCIS after more than 6 months. I have no idea what to do now, just wait...:(

Edited June 26, 2017 by Tonyer

[samara09]

On 5/19/2017 at 11:54 AM, hardship_applicant said:

DOS received my case from USCIS on May 18, 2017.

Now the DOS website says:  " Department of State Advisory Opinion Finding:  Pending "

On December 19, 2016, USCIS received our Form I-612 for hardship waiver. I am neither Physician nor Fulbright scholar. I did PhD.

 

which site do you use to see this: (Now the DOS website says:  " Department of State Advisory Opinion Finding:  Pending) everytime i check DOS site and i enter my case number it gives an error.. i contacted them via email and they reponded that  they do not have anything about my case..

i applied for a Hardship waiver and i have checked my case with USCIS in this is the last update with USCIS ( On March 23, 2017, we requested another non-USCIS advisory opinion for your Form I-612, Application to Waive Foreign Residence Requirements)

How can i check my case with DOS? 

thank  you for all your posts they are really helpfull..

 

 

[Mando]

I am a physician, applying for J1 hardship waiver and my application took foreverrrrr and still pending. I am wondering if anyone has similar situation?

My timeline

2/2016- application submitted to USCIS

5/2016- received RFE from USCIS

7/2016- response for RFE received by USCIS

2/2017- USCIS requested non-USCIS advisory opinion from DOS

It took full 1 year at USCIS, more than 4 months now at DOS and still pending !!!! Does anybody know the average waiting times for similar cases like mine? 

[hardship_applicant]

On 6/27/2017 at 11:16 AM, samara09 said:

which site do you use to see this: (Now the DOS website says:  " Department of State Advisory Opinion Finding:  Pending) everytime i check DOS site and i enter my case number it gives an error.. i contacted them via email and they reponded that  they do not have anything about my case..

i applied for a Hardship waiver and i have checked my case with USCIS in this is the last update with USCIS ( On March 23, 2017, we requested another non-USCIS advisory opinion for your Form I-612, Application to Waive Foreign Residence Requirements)

How can i check my case with DOS? 

thank  you for all your posts they are really helpfull..

 

 

You can check the status at : https://j1visawaiverstatus.state.gov

[kan3059]

 

Item	Action	Date
Fee	Received	December, 23 2015
Form DS-3035	Received	December, 23 2015
Form DS-2019	Received	December, 23 2015
Passport Data Page	Received	December, 23 2015
Form G-28	Received	December, 23 2015
Statement Of Reason	Received	December, 23 2015

My spouse and I have been waiting since 2015 on his fear of persecution cause.

The DOS still pending however USCIS requested for more  evidence we are starting to worrying because the case is taking so long.

Department of State Advisory Opinion Finding: Pending

[hardship_applicant]

No news from DOS or USCIS...here is what i see at DOS.

Department of State Advisory Opinion Finding: Pending

Item	Action	Date
Fee	Received	November, 08 2016
Form DS-3035	Received	November, 08 2016
Form DS-2019	Received	November, 08 2016
Passport Data Page	Received	November, 08 2016
Form G-28	Received	November, 08 2016
Statement Of Reason	Received	November, 08 2016

Edited July 6, 2017 by hardship_applicant

[hardship_applicant]

Here is the update of my case on USCIS website: Case Is On Hold

we requested another non-USCIS advisory opinion for your Form I-612, Application to Waive Foreign Residence Requirements, Receipt Number XXXXXXXXXXX. Processing of your case will resume when we receive the response. 

 

Someone please let me know, what does it mean.

Edited July 13, 2017 by hardship_applicant

[Tonyer]

On 2017/7/13 at 1:16 PM, hardship_applicant said:

Here is the update of my case on USCIS website: Case Is On Hold

we requested another non-USCIS advisory opinion for your Form I-612, Application to Waive Foreign Residence Requirements, Receipt Number XXXXXXXXXXX. Processing of your case will resume when we receive the response. 

 

Someone please let me know, what does it mean.

That's a good sign. You case should be forwarded to DOS for their opinion.

[hardship_applicant]

@TonyerYes I can see it there on DoS now.

Thank you

Edited July 17, 2017 by hardship_applicant

[Burdi]

Hi ,

my case timeline :

10/2016 : hardship waiver application submitted to USCIS

3/2017: USCIS RFE

7/7/2017: USCIS sent the non USCIS advisory to DOS

7/12/17: DOS received I-612/613

my J1 will expire by the end of 10/2017 

I don't know if I have enough time.

[Dmike]

I applied for hardship, USCIS rejected the case, then I appealed to AAO then AAO granted me the hardship, then they send it back to USCIS office, which they changed their decision and requested another opinion from DOS, that was this Monday 9/18, so far DOS did not receive the I-612/613.

Anyone applied recently to DOS, how long does it take nowadays, and are they approving most of cases or denying more cases. If any one applied recently please share us your timeline and your final decision.

 

[hardship_applicant]

12 hours ago, Dmike said:

I applied for hardship, USCIS rejected the case, then I appealed to AAO then AAO granted me the hardship, then they send it back to USCIS office, which they changed their decision and requested another opinion from DOS, that was this Monday 9/18, so far DOS did not receive the I-612/613.

Anyone applied recently to DOS, how long does it take nowadays, and are they approving most of cases or denying more cases. If any one applied recently please share us your timeline and your final decision.

 

Hello Dmike,

The DOS decision regarding hardship waiver takes approx 3-4 months. It also depends on case to case basis.