J1 Hardship Waiver - DOS Post Input

[rags1979]

Got email from DOS stating favorable recommendation has been granted and electronically transmitted to USCIS.

Good luck to all of you folks.

Told ya. Congrats. Enjoy.

[rags1979]

@rags,

 

Hi, mine is still pending and the last activity showed in the DOS was post input at November 2015.

My visa will expire next month and donot know what i should do?

What does post input mean and do ii have to concern?

my case number start with 1077.

 

Thanks!

Forgot to mention. Post Input might mean DOS received a communication like from your attorney (their credentials etc) to take the final decision.  Did you ask your lawyer if they received any communication from DOS?

[J1waiverseeker1]

I looked up your case number # 1077217.  Your guess is as good as mine.  What is the basis of your hardship?  How many individuals in the family are affected and what are their visa / citizenship statuses.

 

its a hardship waiver based on my daughter (US citizen) and my j1 visa will be expired by next month.

[rags1979]

Got email from DOS stating favorable recommendation has been granted and electronically transmitted to USCIS.

Good luck to all of you folks.

What was the basis of your hardship.  How many GC holders and Citizens affected by the hardship.

[j1grim]

@rags1979

 

I am also doing an analysis of the data. I am wondering if you have found any recent hardship case that has been denied. I have seen some No Objection cases denied (especially based on government funding) but I haven't seen hardship cases whose recommendation is unfavorable.

 

It seems that DOS hasn't published 2015 stats for these waivers.

 

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/waivers/INA_212e_Waiver_Recommendations_FY2014.pdf

[j1j1]

What was the basis of your hardship.  How many GC holders and Citizens affected by the hardship.

Hardship- medical and poor country condition. only one US citizen child affected.

[rags1979]

its a hardship waiver based on my daughter (US citizen) and my j1 visa will be expired by next month.

You will need a plan b. Look for O1 sponsors

[rags1979]

1075017 1084261 1087113

What do you want to know about these three cases?

[J1waiverseeker1]

You will need a plan b. Look for O1 sponsors

My current employer doesn't want to sponsor me on O1, Do you think it will take more time till i get back from the DOS?

[rags1979]

@rags1979

 

I am also doing an analysis of the data. I am wondering if you have found any recent hardship case that has been denied. I have seen some No Objection cases denied (especially based on government funding) but I haven't seen hardship cases whose recommendation is unfavorable.

 

It seems that DOS hasn't published 2015 stats for these waivers.

 

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/waivers/INA_212e_Waiver_Recommendations_FY2014.pdf

From my analysis I have not seen any unfavorable recommendations for FY 2015-2016.  However i have a few cases i need to look at to know that for sure. I will let you know.

[rags1979]

From my analysis I have not seen any unfavorable recommendations for FY 2015-2016.  However i have a few cases i need to look at to know that for sure. I will let you know.

I looked them all, I have not seen an unfavorable recommendation for this FY or the previous.  That tells me that my app#s search range is not complete.  Someone said they had case # which is 6 digits long.  They havent given first few numbers for me to work with. May be once we know that we can come a more accurate conclusion.

[rags1979]

My current employer doesn't want to sponsor me on O1, Do you think it will take more time till i get back from the DOS?

It has been >5 months DOS had all documents for them to take a decision.  If I were you, if your visa expires next month, you need to act now.  There are always chances DOS will approve your case with in the next month.  But it is government, since when government did things in a predictable way.  Time to jump to plan b.

[Zarrina]

From my analysis I have not seen any unfavorable recommendations for FY 2015-2016.  However i have a few cases i need to look at to know that for sure. I will let you know.

 

rags1979, thank you for helping people to understand their cases. I received a note from USCIS that they requested non-advisory opinion on March 15, 2016 but no updates on DoS system on the receipt of the 612/613 forms. Interesting that the DoS received the letter of support from my sponsor and they posted it on the system on March 22 . I checked the timeline for others, DoS has received their forms after 5 days of the USCIS notice regarding requesting non-USCIS advisory opinion. How long does it take for DoS to show the receipt of 612/613 on the system? Thank you

[Zarrina]

Hi,

 

USCIS transferred my hardship case to DOS on March 14th (Case on Hold); however, the DOS status check system doesn't show that they received the forms I-612 and I-613.

 

How long does it take for DOS to update a case after USCIS send them information?

 

Thanks for the help!

How  do you know that USCIS transferred your case to DoS? Is is based on request non-USCIS advisory opinion? If yes, then we have the same timeline for USCIS but the DoS system check system is not showing the receipt of 612/613 forms. I am getting frustrated regarding. Do you have updates on your DoS now?

[Zarrina]

Hi All,

 

I kindly ask everyone in this forum to post both their USCIS and DoS timeline for hardship waiver. I am subject based on the skill list and requested hardship waiver based on my USC child. Here is my timeline:

 

USCIS

15 November 2015 received documents and sent the receipt notice

15 March 2016 requested non-USCIS advisory opinion for my i-612 form.

 

 

DoS

December 04, 2015

Fee, Form DS-3035, DS-2019, Passport Data Page and Form G-28, Statement of Reason Received.

 

 

           

[Zarrina]

Hi Guys:

 

Mine is hardship waiver. 612/613 received on October 27, 2015. 

 

Department of state decision states still pending however, item line records that recommendation was sent on 15 th of March, 2016.

 

I don't know what the hell is going on here. Bit anxious because the decision has been made but not updated wether as favorable or not favorable.

 

Please advise.

Can you please share your detailed timeline for both USCIS and DoS? and What sponsor did you have? Did DoS request for sponsor view or inputs in your case? Thank you in advance.

[rags1979]

rags1979, thank you for helping people to understand their cases. I received a note from USCIS that they requested non-advisory opinion on March 15, 2016 but no updates on DoS system on the receipt of the 612/613 forms. Interesting that the DoS received the letter of support from my sponsor and they posted it on the system on March 22 . I checked the timeline for others, DoS has received their forms after 5 days of the USCIS notice regarding requesting non-USCIS advisory opinion. How long does it take for DoS to show the receipt of 612/613 on the system? Thank you

It takes anywhere from 1 day to a month for DOS to receive 612/613 from USCIS. It is painful but there is nothing we can do but wait.

[rags1979]

How do you know that USCIS transferred your case to DoS? Is is based on request non-USCIS advisory opinion? If yes, then we have the same timeline for USCIS but the DoS system check system is not showing the receipt of 612/613 forms. I am getting frustrated regarding. Do you have updates on your DoS now?

When Uscis requests non advisory opinion, most likely because they found the case has a valid qualifying hardship. But DOS also needs to sign off on it before the final approval from Uscis can come through. It can take anywhere between 1day to a month for the actual Uscis request to reach dos. Good luck.

[J1waiverseeker1]

It has been >5 months DOS had all documents for them to take a decision.  If I were you, if your visa expires next month, you need to act now.  There are always chances DOS will approve your case with in the next month.  But it is government, since when government did things in a predictable way.  Time to jump to plan b.

@rags, Do you think it worth to email or call them? I have heard from my lawyer that it's dangerous to try to email or call the local senator's office to call them. Do you agree with him or should i take an action.

 

Thanks!

[j1grim]

How  do you know that USCIS transferred your case to DoS? Is is based on request non-USCIS advisory opinion? If yes, then we have the same timeline for USCIS but the DoS system check system is not showing the receipt of 612/613 forms. I am getting frustrated regarding. Do you have updates on your DoS now?

No updates from DOS yet. Is 1093317 your case number? I think you should be patient, DOS WRD processing times are very variable and (they range from a couple of days to nine months). This depends upon the specifics of your case.

[Zarrina]

 

No updates from DOS yet. Is 1093317 your case number? I think you should be patient, DOS WRD processing times are very variable and (they range from a couple of days to nine months). This depends upon the specifics of your case.

No, it is not my case. What do you mean by the specifics of your case? ,

[rags1979]

@rags, Do you think it worth to email or call them? I have heard from my lawyer that it's dangerous to try to email or call the local senator's office to call them. Do you agree with him or should i take an action.

Thanks!

Did your attorney send an expedite request to dos? Attorneys routinely ask that and it will not harm the application. If the attorney did not do that ask them to do it ASAP. If not plan b is ur only option, if not u will have to leave the country, unfortunately.

[j1grim]

DOS has provided the following possible factors for consideration of an Exceptional Hardship J-1 Waiver; the Agency has emphasized that these factors have no particular weight or order.

• Amount and source of funding received by J-1 waiver applicant.
• General country conditions affecting health, safety or general welfare of J-1 waiver applicant’s US citizen or Legal Permanent Resident spouse or child(ren).
• Absence of any objection by J-1 Waiver applicant’s home government to grant of a J-1 Waiver.
• Chronic medical condition of US citizen/lawful permanent resident spouse, child or children, and lack of adequate medical treatment in applicant’s home country (DOS will submit such information to the Department of State’s Medical Services division for expert evaluation of available medical facilities in that country).
• Presence of threat to safety of US citizen/Legal Permanent Resident spouse, child or children due to political or religious considerations in applicant’s home country.
• Existence of a custody order that would prevent US Citizen or Legal Permanent Resident spouse from removing minor children from a court’s jurisdiction.
• Service in US Armed Forces that would prevent US Citizen spouse/Legal Permanent Resident alien from accompanying J-1 waiver applicant to his/her home country. And/or,
• J-1 Waiver applicant’s marital status and whether s/he has any children.

[J1waiverseeker1]

Did your attorney send an expedite request to dos? Attorneys routinely ask that and it will not harm the application. If the attorney did not do that ask them to do it ASAP. If not plan b is ur only option, if not u will have to leave the country, unfortunately.

[J1waiverseeker1]

Did your attorney send an expedite request to dos? Attorneys routinely ask that and it will not harm the application. If the attorney did not do that ask them to do it ASAP. If not plan b is ur only option, if not u will have to leave the country, unfortunately.