Question about the DS 3035 statement of reason


mnsen

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I am applying for J-1 waiver based on exceptional Hardship to U.S. citizen. I have submitted my application (Form I-612) to USCIS and I am preparing to submit form DS 3035 to the State department. As part of the DS 3035, it is required write a statement of reason. So my question is:

Can I use the same hardship statement that I submitted with Form I-612? My hardship statement is long (more than 8 pages) in addition to appendixes.

 

Thanks

 

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I am applying for J-1 waiver based on exceptional Hardship to U.S. citizen. I have submitted my application (Form I-612) to USCIS and I am preparing to submit form DS 3035 to the State department. As part of the DS 3035, it is required write a statement of reason. So my question is:

Can I use the same hardship statement that I submitted with Form I-612? My hardship statement is long (more than 8 pages) in addition to appendixes.

 

Thanks

I believe it is not an essay competition. Be precise and to point.

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I am applying for J-1 waiver based on exceptional Hardship to U.S. citizen. I have submitted my application (Form I-612) to USCIS and I am preparing to submit form DS 3035 to the State department. As part of the DS 3035, it is required write a statement of reason. So my question is:

Can I use the same hardship statement that I submitted with Form I-612? My hardship statement is long (more than 8 pages) in addition to appendixes.

 

Thanks

 

The way hardship waivers work is they go to the CSC first and if USCIS believes there is real hardship, they forward their recommendation to the DoS who has to weight the foreign policy concerns. So hardship waivers are much longer and need plenty of documentation.

 

I would suggest you write a summary of the key points in your waiver application. There is no need to be so detailed in this statement because it is USCIS who decides that there are grounds for hardship, and not DoS. 

 

An experienced lawyer with J-1 law is very helpful for these cases. When certain US government funds are involved, getting a waiver might be difficult. You need to be careful and argue that extreme hardship exists (Hake scale), that this hardship outweighs foreign policy considerations, and that it is in the public interest of the US that you remain in the country.  

 

Best of luck!

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