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waiver applicant

J1 fear of persecution waiver

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I have till next june 2019 so should be enough but i need to see my options earlier.

I just emailed my lawyer and he told me now the average processing time is 10 month instead of 7 because of delays.

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On 5/22/2018 at 4:32 PM, applicant23 said:

No worries, it's a sensitive issue. I did the same thing. Honestly, I had no idea how to even gather evidence. I looked up how people, which were doing the same things as me, are affected by persecution back home. I had around 8-10 pages of evidence, but I could have had more. I had a US government funding, so I am afraid that might complicate things a bit. If your visa is running out, try a community college, or if you are graduating apply for OPT, just to buy yourself some time for waiver to come through. I am planning to uscis again right around the end of May

Any news applicant 23?

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On 5/27/2018 at 11:55 PM, Stillwaiting88 said:

Any news applicant 23?

Hey Stillwaiting88,

nothing yet. Just checked again. I am reluctant to call them, although I said I will. I think they are getting annoyed but whatever. What about you? I assume nothing yet. Ugh this is mentally exhausting

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On 5/27/2018 at 11:55 PM, Stillwaiting88 said:

Any news applicant 23?

Hey Stillwaiting88,

I don't know how much this counts as a progress. On the USCIS website there is an option for case inquiry if it's taking too long. Up until now it wouldn't let me send a case inquiry before, saying my timeline is within normal waiting time. I just filled it out again, and now it finally allowed me. I should hear back from my case before June 26. I am not sure how this is different from calling, but this is probably more formal and would elicit some kind of action from USCIS side. We will see. I will update if any good (or bad) news come back. Anything on your end?

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8 hours ago, applicant23 said:

Hey Stillwaiting88,

I don't know how much this counts as a progress. On the USCIS website there is an option for case inquiry if it's taking too long. Up until now it wouldn't let me send a case inquiry before, saying my timeline is within normal waiting time. I just filled it out again, and now it finally allowed me. I should hear back from my case before June 26. I am not sure how this is different from calling, but this is probably more formal and would elicit some kind of action from USCIS side. We will see. I will update if any good (or bad) news come back. Anything on your end?

Hello applicant 23

From my end nothing yet i am now 7 month since the case is received 

My lawyer told me about the case inquiry thing if i would like to do it. Let me know what will happen on ur end

 will keep u updated on mine

Good luck hope u hear something very soon 

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19 hours ago, Stillwaiting88 said:

Hello applicant 23

From my end nothing yet i am now 7 month since the case is received 

My lawyer told me about the case inquiry thing if i would like to do it. Let me know what will happen on ur end

 will keep u updated on mine

Good luck hope u hear something very soon 

Thank you Stillwaiting88,

mine is nearing almost 9 months. I see some people had their application sent to DOS in lesser time. I guess mine will take longer. I honestly lost all hope, I feel like it's going to come back unfavorable. I am planning to see an immigration lawyer again in a week or two.

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On 10/7/2017 at 6:03 AM, waiver applicant said:

I filed fear of persecution waiver which was received by USCIS on April 5th. There is no any changes in application status since then. Any body in same condition?

Hey waiver applicant,

any news from your end about the waiver?

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On 6/5/2018 at 3:09 PM, applicant23 said:

Thank you Stillwaiting88,

mine is nearing almost 9 months. I see some people had their application sent to DOS in lesser time. I guess mine will take longer. I honestly lost all hope, I feel like it's going to come back unfavorable. I am planning to see an immigration lawyer again in a week or two.

Hi applicant23

Dont worry too much, you have not heard from USCIS for 9 months, maybe thats a good sign, your case will be forward to DOS soon. As far as I know, there is no way you will get unfavorable from USCIS, they would ask you for REF only they are not happy enough for your case. As you said, it already been more than 8 months, so if they havent ask for anything , mostly happen thing is the case will be forward to DOS. 

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On 6/7/2018 at 1:47 PM, Waitingfor said:

Hi applicant23

Dont worry too much, you have not heard from USCIS for 9 months, maybe thats a good sign, your case will be forward to DOS soon. As far as I know, there is no way you will get unfavorable from USCIS, they would ask you for REF only they are not happy enough for your case. As you said, it already been more than 8 months, so if they havent ask for anything , mostly happen thing is the case will be forward to DOS. 

Hey waitingfor, thanks for kind words!

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On 6/4/2018 at 8:00 PM, Stillwaiting88 said:

Hello applicant 23

From my end nothing yet i am now 7 month since the case is received 

My lawyer told me about the case inquiry thing if i would like to do it. Let me know what will happen on ur end

 will keep u updated on mine

Good luck hope u hear something very soon 

Hey stillwaiting88,

so I got a reply from USCIS to my email, it says the following (why does it feel like I am trying to win a lottery?):

The status of this service request is:

On 06/04/2018, you or your representative contacted USCIS concerning your Form I-612 to  notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved. 

Your case is currently being adjudicated. You should receive a notice of action* within 45 days.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice , Request for Evidence, or Notice of Intent to Deny.

We hope this information is helpful and appreciate your continued patience.

 

Gosh, I'm keeping my fingers crossed something positive will come back

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3 hours ago, applicant23 said:

Hey stillwaiting88,

so I got a reply from USCIS to my email, it says the following (why does it feel like I am trying to win a lottery?):

The status of this service request is:

On 06/04/2018, you or your representative contacted USCIS concerning your Form I-612 to  notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved. 

Your case is currently being adjudicated. You should receive a notice of action* within 45 days.

*A notice of action may be in a form of Approval Notice, Denial Notice, Transfer Notice , Request for Evidence, or Notice of Intent to Deny.

We hope this information is helpful and appreciate your continued patience.

 

Gosh, I'm keeping my fingers crossed something positive will come back

Hello applicant 23

Oh good now you know at least that you should hear from them in the next 6 weeks keeping Fingers crossed that ur case will be on hold soon

I also submitted out of normal processing time and waiting to hear from them nothing yet.

Best of luck will keep in touch if any changes

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On 6/14/2018 at 10:31 PM, Stillwaiting88 said:

Hello applicant 23

Oh good now you know at least that you should hear from them in the next 6 weeks keeping Fingers crossed that ur case will be on hold soon

I also submitted out of normal processing time and waiting to hear from them nothing yet.

Best of luck will keep in touch if any changes

So after doing some research I found some numbers for persecution cases from DOS, for the past 4 years DOS hasn't denied anyone

2017 - 92 favorable, 0 unfavorable

2016 - 77 favorable, 0 unfavorable

2015 - 60 favorable, 0 unfavorable

2014 - 57 favorable, 0 unfavorable

2013 - 31 favorable, 6 unfavorable

2012 - 21 favorable, 12 unfavorable

2011 - 20 favorable, 3 unfavorable

2010 - 24 favorable, 1 unfavorable

 

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2 hours ago, applicant23 said:

So after doing some research I found some numbers for persecution cases from DOS, for the past 4 years DOS hasn't denied anyone

2017 - 92 favorable, 0 unfavorable

2016 - 77 favorable, 0 unfavorable

2015 - 60 favorable, 0 unfavorable

2014 - 57 favorable, 0 unfavorable

2013 - 31 favorable, 6 unfavorable

2012 - 21 favorable, 12 unfavorable

2011 - 20 favorable, 3 unfavorable

2010 - 24 favorable, 1 unfavorable

 

Yes usually dos doesn't deny cases unless something major but the tough part is to get the application to dos so after uscis put the case on hold we have very high chances.

If you look at the processing times on uscis website it is now 10.5 to 14 month instead 8.5 so we can expect to wait another month or 2.

Keeping fingers crossed will hear something soon.

I still didn't get a reply to the out of processing time request that i submitted.

 

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Yeah, you are right. California center looks extremely backlogged, as opposed to Vermont - that one says 2 to 6 months only. I thought you can only send hardship and persecution cases to California center, I would have sent to Vermont if its going faster. But anyways. I am supposed to hear back by 26th of June, nothing so far yet. I will keep this post updated if I get any answers

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Hi all,

 

I recently discovered this forum. I applied J1 waiver at July 2017 based on fear of persecution. In April 2018, RFE received by USCIS. Now, USCIS is reviewing my case. I also didn't send anything such as form 3035 to DOS yet. Do you know how long does it take USCIS to make a decision at this stage? 

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4 hours ago, carewaiver said:

Hi all,

 

I recently discovered this forum. I applied J1 waiver at July 2017 based on fear of persecution. In April 2018, RFE received by USCIS. Now, USCIS is reviewing my case. I also didn't send anything such as form 3035 to DOS yet. Do you know how long does it take USCIS to make a decision at this stage? 

Hey!

welcome to the waiting boat with the rest of us. I also applied for persecution waiver. I haven't had a request for RFE so I don't have useful information for you. Do you have a lawyer?

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5 hours ago, applicant23 said:

Hey!

welcome to the waiting boat with the rest of us. I also applied for persecution waiver. I haven't had a request for RFE so I don't have useful information for you. Do you have a lawyer?

I am doing everything myself. no lawyer. 

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11 hours ago, carewaiver said:

I am doing everything myself. no lawyer. 

Welcome carewaiver

As far as i know from previous forums after rfe received it takes between 8 to 12 weeks to hear something. 

Do you mind sharing you exact timeline 

When did uscis received ur initial application and when did your status change to rfe

Thank you and best of luck 

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13 hours ago, carewaiver said:

I am doing everything myself. no lawyer. 

Oh okay, I applied without a lawyer as well. My I-612 has been received more than 8 months ago, I should get a notice of action by the end of July. It sounds like your wait time is not out of normal time. Like stillwaiting88 said, give it another month or so to hear back. Keep us updated here and please share your timeline if you want

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My time line:

- uscis received my application 06/13/17

- dos received document 06/28/17

-case on hold at uscis and forwarded to dos on 02/08/18

-i612-613 received at dos 06/8/18

- currently case pending at dos for recommendation. Thus its been 12months and a week since uscis received my application. 

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Here is my timeline:

mid july 2017- case received

late Jan 2018- RFE requested

mid Apr 2018- RFE received

mid June 2018- case is on hold. being reviewed by USCIS

Looks like I am at the critical part of the case. If USCIS ask for a 2nd opinion from DoS, my hope will continue. do you have any idea, how long would it take from this point to final approval? I didn't apply to DoS state yet, would it postpone my case?

 

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On 6/21/2018 at 7:21 PM, carewaiver said:

Here is my timeline:

mid july 2017- case received

late Jan 2018- RFE requested

mid Apr 2018- RFE received

mid June 2018- case is on hold. being reviewed by USCIS

Looks like I am at the critical part of the case. If USCIS ask for a 2nd opinion from DoS, my hope will continue. do you have any idea, how long would it take from this point to final approval? I didn't apply to DoS state yet, would it postpone my case?

 

Yeah i think u need to have apploed to Dos. They wont review ur case unless they have all the documents. I would recommend to confirm all this with a lawyer as it can take another 4 to 6months at dos review

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5 hours ago, Waivermed said:

Yeah i think u need to have apploed to Dos. They wont review ur case unless they have all the documents. I would recommend to confirm all this with a lawyer as it can take another 4 to 6months at dos review

Yes i also recommend to apply to dos because it takes a lot of time for dos to take a decision around 4 to 6 month so u need to buy some time. The only downside of applying to dos is if you dont get ur case approved by uscis u loose ur money but it is worse the risk

I received a response for my out of normal processing time request saying that i am still within normal processing time (i almost 8 month by now).

 

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On 6/21/2018 at 8:21 PM, carewaiver said:

Here is my timeline:

mid july 2017- case received

late Jan 2018- RFE requested

mid Apr 2018- RFE received

mid June 2018- case is on hold. being reviewed by USCIS

Looks like I am at the critical part of the case. If USCIS ask for a 2nd opinion from DoS, my hope will continue. do you have any idea, how long would it take from this point to final approval? I didn't apply to DoS state yet, would it postpone my case?

 

I agree with others. You should send your DOS package as well (I don't remember its exact name). If you don't mind me asking, did it take USCIS to receive your RFE that long, or did you take long to prepare RFE?

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On 6/21/2018 at 7:08 PM, Waivermed said:

My time line:

- uscis received my application 06/13/17

- dos received document 06/28/17

-case on hold at uscis and forwarded to dos on 02/08/18

-i612-613 received at dos 06/8/18

- currently case pending at dos for recommendation. Thus its been 12months and a week since uscis received my application. 

Hey waivermed,

is your basis persecution as well?

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