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waiver applicant

J1 fear of persecution waiver

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On 8/2/2018 at 10:23 AM, Faithful1 said:

hi @Stillwaiting88 and @applicant23 May I ask if you know what I should do if my I-612 under persecution has been submitted and received but my DS 2019 is expiring. I failed to file for a waiver earlier because my sponsor filed for extension. Unfortunately it was denied. My I-612 was received by USCIS last May 28, 2018 and my DS3035 was received by DOS June 18, 2018. I still do not have updates and my DS2019 is expiring August 31, 2018. Thank you very much and God Bless.

@Stillwaiting88

hi Faithful1 how is everything? Why you get denied? Some of my friends got approved recently and can you transfer to F1 or O1

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On 8/14/2018 at 12:50 PM, waiver said:

hi Faithful1 how is everything? Why you get denied? Some of my friends got approved recently and can you transfer to F1 or O1

Hi @waiver My program has no extension. we tried to appeal but we still failed. thank you for your response.

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On 8/2/2018 at 7:22 PM, Stillwaiting88 said:

Hello faithful1

If you have a j1 sponsor u can file for a new ds2019 form but if you dont have a sponsor or u cant get a new ds2019 then u have to look for other visa category like O1. The persecution waiver is taking at least a year to get it that  if ur lucky and they didnt ask for rfe

 As far as i know u cant stay in the usa with no status, but it is better to call a lawyer because ur situation is tricky and u dont want to stay illegally. Even if you have to pay for a lawyer dont risk it this is my advice especially with the new regulation and how strict now they are

Hope this helps

Best of luck!

Thank you for your response @Stillwaiting88  It seems that the best way to deal with this is to seek for a legal advice or a legal counsel. Thank you very much. Good Bless your good heart.               

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On 8/3/2018 at 10:43 AM, applicant23 said:

I agree. You should immediately seek legal advice

Hi @applicant23   Thank you for your advise. I am going to seek for an immigration lawyer advise as quickly as possible. God bless your good heart.  

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Hi all, today my case is updated. When I was checking before, it was showing that it was on hold since June 12. When I checked today it showed On June 12, 2018, we requested another non-USCIS advisory opinion for your Form I-612. It is interesting.  this means USCIS found persecution? Right ?

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3 hours ago, carewaiver said:

Hi all, today my case is updated. When I was checking before, it was showing that it was on hold since June 12. When I checked today it showed On June 12, 2018, we requested another non-USCIS advisory opinion for your Form I-612. It is interesting.  this means USCIS found persecution? Right ?

Yes congrats you passed the first and the most important part and now dos has to give recommendation and usually they approve most of the cases.

Do u mind asking u what was the rfe about, did they ask more evidence or was it some paper missing?

I am still waiting a reply from uscis after they received my rfe response 3 weeks ago

Best of luck!!

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14 hours ago, Stillwaiting88 said:

Yes congrats you passed the first and the most important part and now dos has to give recommendation and usually they approve most of the cases.

Do u mind asking u what was the rfe about, did they ask more evidence or was it some paper missing?

I am still waiting a reply from uscis after they received my rfe response 3 weeks ago

Best of luck!!

Thank you. regarding RFE, They asked my current legal status, all passport pages, all us visas, travel history, and more evidence for persecution claims.  not that hard. I did everything myself. I have sent my document to DoS mid July 2018. Now I checked and it's updated as of yesterday like this:

including I-613 received. 

What is "other" referring here? 

image.png.bc08105f8fbce142e4640459fe0a2182.png 

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On 8/24/2018 at 11:17 AM, carewaiver said:

Thank you. regarding RFE, They asked my current legal status, all passport pages, all us visas, travel history, and more evidence for persecution claims.  not that hard. I did everything myself. I have sent my document to DoS mid July 2018. Now I checked and it's updated as of yesterday like this:

including I-613 received. 

What is "other" referring here? 

image.png.bc08105f8fbce142e4640459fe0a2182.png 

Thank you for your response 

I got the same rfe with passport pages and visa and more evidence and they asked also if applied for asylum

I have been waiting 3 weeks since they received my rfe

The other my lawyer told me doesnt mean anything so u can ignore it and dont worry about it

 

 

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On 8/25/2018 at 8:10 PM, Stillwaiting88 said:

Thank you for your response 

I got the same rfe with passport pages and visa and more evidence and they asked also if applied for asylum

I have been waiting 3 weeks since they received my rfe

The other my lawyer told me doesnt mean anything so u can ignore it and dont worry about it

 

 

How long does it take at DoS? is there anyone recently get favorable recommendation? 

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On 8/23/2018 at 5:32 PM, carewaiver said:

Hi all, today my case is updated. When I was checking before, it was showing that it was on hold since June 12. When I checked today it showed On June 12, 2018, we requested another non-USCIS advisory opinion for your Form I-612. It is interesting.  this means USCIS found persecution? Right ?

I would consider it good news! What kind of evidence did you submit in RFE to support your statement? Are you working with a lawyer?

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Updates on my cases: I am still working on putting together my RFE evidence. I talked to one lawyer, Brian Schmitt from Maryland. Unfortunately, his services were way beyond my budget, so I am doing this on my own for now, but still looking for lawyers who work with persecution cases. Do you guys know what should the statements of support look like? I am asking statements from my friends, as well as professors and experts. How many pages, structure, etc? I would really appreciate some information. Thank you all!

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I just checked my case status, DoS received the documents on August 23 and favorable recommendation has been sent on August 29. That's a record right , less than week :)  

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6 hours ago, carewaiver said:

I just checked my case status, DoS received the documents on August 23 and favorable recommendation has been sent on August 29. That's a record right , less than week 🙂 

Congratulation!!!! That was quick 

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On 8/30/2018 at 7:02 AM, carewaiver said:

I just checked my case status, DoS received the documents on August 23 and favorable recommendation has been sent on August 29. That's a record right , less than week 🙂 

@carewaiver Congratulations!!! If you don't mind sharing, what's your case type? Based on persecution? 

You mean the whole process took only a week? 😮 or is it after you submitted the RFE? Will appreciate if you could share your case timeline. Thanks

Edited by JustFoundThis

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no, one week at the DoS. Here is the timeline:

mid july 2017- case received

late Jan 2018- RFE requested

mid Apr 2018- RFE received

mid June 2018- case is on hold and sent to DoS for Recommendation,

Mid July 2018- forms submitted to Dos

Late August- Forms received by DoS and recommendation sent.

 

DoS stage was fast. it may be because I sent the DoS package after USCIS asked for another opinion. 

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On 9/5/2018 at 3:57 AM, carewaiver said:

no, one week at the DoS. Here is the timeline:

mid july 2017- case received

late Jan 2018- RFE requested

mid Apr 2018- RFE received

mid June 2018- case is on hold and sent to DoS for Recommendation,

Mid July 2018- forms submitted to Dos

Late August- Forms received by DoS and recommendation sent.

 

DoS stage was fast. it may be because I sent the DoS package after USCIS asked for another opinion. 

@carewaiver What did they request in the RFE? Did you hire a lawyer for working to prepare your RFE? I am also received an RFE this week. Any recommendations about a good lawyer? Thanks 

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They asked my current legal status, all passport pages, all us visas, travel history, and more evidence for persecution claims.  not that hard. I did everything myself. No lawyer. 

 

Regarding RFE, read everything, and respond everything properly. Do not miss anything.

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On 9/9/2018 at 1:52 PM, carewaiver said:

They asked my current legal status, all passport pages, all us visas, travel history, and more evidence for persecution claims.  not that hard. I did everything myself. No lawyer. 

 

Regarding RFE, read everything, and respond everything properly. Do not miss anything.

Thank you @carewaiver! My RFE came from USCIS. I was told by someone that the RFEs are supposed to come from DoS. I said I don't think so, but got unsure about it. Did your RFE come from USCIS too? I talked to couple lawyers, but their fee is way beyond my budget. Not really sure what to do. How long was your response to the RFE for persecution? Just want to get an idea if I should do it myself too. Thanks again for the reply.

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14 hours ago, JustFoundThis said:

Thank you @carewaiver! My RFE came from USCIS. I was told by someone that the RFEs are supposed to come from DoS. I said I don't think so, but got unsure about it. Did your RFE come from USCIS too? I talked to couple lawyers, but their fee is way beyond my budget. Not really sure what to do. How long was your response to the RFE for persecution? Just want to get an idea if I should do it myself too. Thanks again for the reply.

Yes, it came from USCIS. If you think you can handle it yourself, go for it. mine was not that hard. They have given roughly 2 months for reply.

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hello everyone,

nice to find this forum. I wish I found it earlier as I just sent my J-1 waiver application. According to the published wait times I was expecting 3-4 months of wait time, but going thru your posts obviously it's way longer.

my case is based on fear of persecution but I haven't submitted any evidence. I have a detailed statement of reason though. Not sure whether that would cause RFE or just unfavorable decision (thoughts?)

Also do you think how long ago I was on J-1 makes any difference? As it has been almost 9 years now.

Thanks,

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19 hours ago, Preparing_To_Wait said:

hello everyone,

nice to find this forum. I wish I found it earlier as I just sent my J-1 waiver application. According to the published wait times I was expecting 3-4 months of wait time, but going thru your posts obviously it's way longer.

my case is based on fear of persecution but I haven't submitted any evidence. I have a detailed statement of reason though. Not sure whether that would cause RFE or just unfavorable decision (thoughts?)

Also do you think how long ago I was on J-1 makes any difference? As it has been almost 9 years now.

Thanks,

Hey @Preparing_To_Wait welcome to the group. My J-1 was about 6-7 years. I don't think, in fact I am confident, that how long ago you had your J-1 does not matter. I submitted my documents September 2017, currently putting together evidence for RFE. I advise you gather as much as you can in the form of documentary evidence and testimonial evidence. My lawyer says that we are again entering a hostile environment, which means a lot of people even with voluminous and well put together applications are getting RFE's. But don't feel discouraged. Do your best! I have around 400 pages of documentary evidence and a few letters from experts. 

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Hello All! 

I'm in the process of filing a waiver based on persecution, I'm in California can I file to the Vermont center since the processing time is a lot less,  or how does this work do they just decide which center will process my file for me?

Thank you! 

Edited by donewaiting

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My time line for now:

06/13/17 uscis california received i612 application

 

06/28/17 dos received ds3035, ds2019,passport,fee, statement kf reason, g28

 

02/08/18 uscis forwarded case to dos for second opinion

 

06/08/18 i612/613 received by DOS

 

09/06/18 uscis reopens case and request RFE.

 

Currently collecting Evidence to send it to uscis

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2 hours ago, Waivermed said:

My time line for now:

06/13/17 uscis california received i612 application

 

06/28/17 dos received ds3035, ds2019,passport,fee, statement kf reason, g28

 

02/08/18 uscis forwarded case to dos for second opinion

 

06/08/18 i612/613 received by DOS

 

09/06/18 uscis reopens case and request RFE.

 

Currently collecting Evidence to send it to uscis

Thank you for sharing your timeline.

Sorry to hear that they reopened ur case that is unusual. But these days no one getting approved right away and everyone is receiving an RFE, including me😅

I think they became more strict and they have new rules  in order to approve  cases

It is been 46 days since they received my response 

My timeline below:

11/9/2017 case received by uscis

7/9/2018 RFE issued

8/2/2018 RFE response received and since then i am waiting 

Good luck for everyone

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