J1 Hardship Waiver - DOS Post Input

[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.

[Zarrina]

 

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.

 

My lawyer sent an email to DoS asking how long it would take for the DoS to send the advisory opinion to USCIS. Ask your lawyer to do the same. Hope you will get a good news soon.  Good luck!!

 

What sponsor did you have for J-1?

[Zarrina]

What does Letter of Need mean on the DoS status? 

[rags1979]

What does Letter of Need mean on the DoS status?

Letter of need means the letter from department of health from ur home government that you submitted when u applied for j1 status. It is one of the documents along with ds2019 u need to submit for ECFMG (if u r a foriegn doctor) or a university if a university based research position. DOS can either request for it from ur country of origin or ECFMG to evaluate ur case.

[Zarrina]

Letter of need means the letter from department of health from ur home government that you submitted when u applied for j1 status. It is one of the documents along with ds2019 u need to submit for ECFMG (if u r a foriegn doctor) or a university if a university based research position. DOS can either request for it from ur country of origin or ECFMG to evaluate ur case.

rags1979, thank you for your response. I am not a doctor which means DoS will not going to request it, right? Any good news on your end? How long does it take for DoS to issue recommendation. I saw from the different forum that some people got recommendation within 2 weeks to 3 months from DoS after their receipt of i-612/613 forms. They process some cases very fast but some not even when they received all docs at the same time. Do you know what criteria/factor they use for picking documents up and giving them quick recommendation? It seems that cases of doctors get consideration fast and also cases with the USC spouse. I have not seen any cases with USC child to be considered fast. I wonder why?

[rags1979]

rags1979, thank you for your response. I am not a doctor which means DoS will not going to request it, right? Any good news on your end? How long does it take for DoS to issue recommendation. I saw from the different forum that some people got recommendation within 2 weeks to 3 months from DoS after their receipt of i-612/613 forms. They process some cases very fast but some not even when they received all docs at the same time. Do you know what criteria/factor they use for picking documents up and giving them quick recommendation? It seems that cases of doctors get consideration fast and also cases with the USC spouse. I have not seen any cases with USC child to be considered fast. I wonder why?

 

I wish i knew the way DOS works in terms of criteria they use to prioritize certain cases over others.  From my data analysis, there is no basis unfortunately.  I have seen exceptions to your assumptions. Mine is a doc case, and they havent processed mine faster.  And my case involves a USC spouse and USC child also.  So, there are no hard rules DOS plays by.  The average for the approval after receiving 612 613 forms is 2.3 months where the 612 and 613 was received in the last 4 months.  So, that might be the most reliable latest metric available reflecting DOS approval pattern. Whether this will hold true for your case is anybody's guess.

[rags1979]

rags1979, thank you for your response. I am not a doctor which means DoS will not going to request it, right? Any good news on your end?

There has been no news from dos after they received all docs. It has been well over a month this happened. If u r not a doc, they will just request sponsor views, to make sure of the source of funding is foreign or government of us. Hope that helps.

[Zarrina]

There has been no news from dos after they received all docs. It has been well over a month this happened. If u r not a doc, they will just request sponsor views, to make sure of the source of funding is foreign or government of us. Hope that helps.

rags1979, I am subject based on the skill list. My funding was neither home government nor US government. It was international organization and 30% from the U.S. university where I got my degree. I don't know what documents the DoS requires in this case. 

Has your lawyer contacted DoS regarding your case? If yes, what response did your lawyer get from DoS? 

[rags1979]

rags1979, I am subject based on the skill list. My funding was neither home government nor US government. It was international organization and 30% from the U.S. university where I got my degree. I don't know what documents the DoS requires in this case.

Has your lawyer contacted DoS regarding your case? If yes, what response did your lawyer get from DoS?

Well in that case they will ask sponsor reviews from both orgs.

[Obikoya]

@RAGS1979

I filed for I612 (J1 visa waiver based on exceptional Hardship) with the USCIS and receipt acknowledged on December 10,2014.However,since then the status of my case online have remained "Case was Received" (6 months after).

So, i decided to call and 2 weeks after i got a mail with the explanation below:

 

"Your case is still under review prior to submitting the request for recommendation to the U.S. Department of State. The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS)."

 

​Please can you interpret the above statement to me? i did filed DS3035  to the USDOS (Received August 27,2015) and the status indicates "Pending" and also they are yet to receive my I612/I613. 

Thank you!

[rags1979]

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rags1979, I am subject based on the skill list. My funding was neither home government nor US government. It was international organization and 30% from the U.S. university where I got my degree. I don't know what documents the DoS requires in this case. 

Has your lawyer contacted DoS regarding your case? If yes, what response did your lawyer get from DoS? 

 

Our lawyer did not contact DOS yet.  I have initiated an expedite request.  It will take its time i guess.  I personally dont think DOS cares about these requests.  They will do whatever they want at whatever time they want.

[Zarrina]

O

 

 

Our lawyer did not contact DOS yet.  I have initiated an expedite request.  It will take its time i guess.  I personally dont think DOS cares about these requests.  They will do whatever they want at whatever time they want.

What reasons did you use for the request? Good luck. Hope you get good news from them this month. 

[Obikoya]

@rags1979

I filed for I612 (J1 visa waiver based on exceptional Hardship) with the USCIS and receipt acknowledged on December 10,2014.However,since then the status of my case online have remained "Case was Received" (6 months after).

So, i decided to call and 2 weeks after i got a mail with the explanation below:

 

"Your case is still under review prior to submitting the request for recommendation to the U.S. Department of State. The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS)."

 

​Please can you interpret the above statement to me? i did filed DS3035  to the USDOS (Received August 27,2015) and the status indicates "Pending" and also they are yet to receive my I612/I613. 

Thank you!

[rags1979]

Kay75, your case is unfortunately stuck with USCIS. DOS is not even in the picture. Typically USCIS requests an opinion on the case from an internal committee. This depends on the nature of exceptional hardship and how many usc and / or permanent resident members in the family are affected. They score it based on that. I suspect that the nature of your hardship required internal review. Country conditions are typically the longest time taking because they assign it to the country representative (typically at DOS, and I assume a similar process at USCIS also) and they need feed back from consulates and other sources to determine the hardship, which unfortunately can take time. Hope this insight helps.

[budo]

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

Hello Rags, 

 

thank you for sharing such valuable info. I filed on two grounds: a "No objection" case that was denied many years ago and a "Hardship case" that was still pending when I checked it a week ago. Both the old case and the new one were assigned the same number starting with 8262. I was continuously able to access both cases online, but since Friday of last week, I have only had access to the old "No Objection" case. When I open that page, I can see the link to the hardship case, but it does not open when I click on it. Can you help in any way?   I already sent DOS an email. I am waiting for their response. DOS received my hardship file on April 15, 2015. I am still going through the torture that began back then. I would appreciate any support. 

[Zarrina]

Hello Rags, 

 

thank you for sharing such valuable info. I filed on two grounds: a "No objection" case that was denied many years ago and a "Hardship case" that was still pending when I checked it a week ago. Both the old case and the new one were assigned the same number starting with 8262. I was continuously able to access both cases online, but since Friday of last week, I have only had access to the old "No Objection" case. When I open that page, I can see the link to the hardship case, but it does not open when I click on it. Can you help in any way?   I already sent DOS an email. I am waiting for their response. DOS received my hardship file on April 15, 2015. I am still going through the torture that began back then. I would appreciate any support. 

What funding/sponsor did you have and in which country of citizenship you got your J-1 visa?

[Zarrina]

@rags1979 and others

 

Have you heard of any hardship cases that have been approved with pending No-Objection case?

[Obikoya]

Kay75, your case is unfortunately stuck with USCIS. DOS is not even in the picture. Typically USCIS requests an opinion on the case from an internal committee. This depends on the nature of exceptional hardship and how many usc and / or permanent resident members in the family are affected. They score it based on that. I suspect that the nature of your hardship required internal review. Country conditions are typically the longest time taking because they assign it to the country representative (typically at DOS, and I assume a similar process at USCIS also) and they need feed back from consulates and other sources to determine the hardship, which unfortunately can take time. Hope this insight helps.

Thanks @rags1979,i  understand they usually seek an advisory opinion,but what bothers me is why they requested earlier that i should go file DS3035 and also stated in the last correspondence i received march 9,2016 and i quote:

 

"As previously stated,USCIS will not be able to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS).

DOS will notify USCIS of its recommendation,USCIS will make a final determination on whether to approve the waiver application.Upon favorable recommendation by DOS ,USCIS will generally grant the waiver as long as there are no underlying concerns.Your application is still pending consideration,we regret that we are not able to give you a time frame for when we will complete the review of your application."

 

This, i don't understand,please can you help on what to do?

[rags1979]

"As previously stated,USCIS will not be able to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS).

DOS will notify USCIS of its recommendation,USCIS will make a final determination on whether to approve the waiver application.Upon favorable recommendation by DOS ,USCIS will generally grant the waiver as long as there are no underlying concerns.Your application is still pending consideration,we regret that we are not able to give you a time frame for when we will complete the review of your application."

 

This, i don't understand,please can you help on what to do?

 

I dont understand.  You previously stated this "Your case is still under review prior to submitting the request for recommendation to the U.S. Department of State. The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS).".  Now you are saying they asked you to file the DS3035.  Usually DOS asks you to do that.  Is that what happened?  And the fact they asked u to file it is because they must have received other documents from you and/or received 612 613 from USCIS.  If it is the former did you have another non-advisory opinion case you filed with DOS before perhaps?  For me to offer my opinion, i need full case details and time lines for USCIS and DOS.

[j1grim]

Hello Rags, 

 

thank you for sharing such valuable info. I filed on two grounds: a "No objection" case that was denied many years ago and a "Hardship case" that was still pending when I checked it a week ago. Both the old case and the new one were assigned the same number starting with 8262. I was continuously able to access both cases online, but since Friday of last week, I have only had access to the old "No Objection" case. When I open that page, I can see the link to the hardship case, but it does not open when I click on it. Can you help in any way?   I already sent DOS an email. I am waiting for their response. DOS received my hardship file on April 15, 2015. I am still going through the torture that began back then. I would appreciate any support. 

@budo,

 

This seems to be a glitch on the DOS system. My case is similar to yours and I am not able to check the status of the second waiver I filed. I sent an email to the DOS WRD but I haven't got any answers yet.

 

I would recommend that you do the same to raise awareness about this glitch so that they fix it ASAP.

[Obikoya]

Dears rags,This is my timeline;

December 10,2014   USCIS received my I612 application.

The status online have since remained like that,however after my first call  call, i received this message :

"On July 16, 2015, 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.

The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS). Please contact the US DOS to complete the application process. If you have not already done so, you must complete Form DS-3035 online at www.state.gov, enter in the search field: waiver review division forms, click on FORMS, select Visa, select online DS-3035 J-1 Visa Waiver Review Application. There will be a fee for this application process. Once your application has been accepted by the US DOS, you will be provided with a DOS case number.
 

For further information, you may contact the US Department of State J Visa Waiver Division at 202-663-1225 or visit their website athttp://travel.state.gov/visa/temp/info/info_1296.html."

The above message prompted me to file DS3035,On my second call i received the message i posted  previously and last month i received the march 9,2016 message

Here is my DOS timeline:

Action Date

Fee Received August 27, 2015

Form DS-3035 Received August 27, 2015

Form DS-2019 Received August 27, 2015

Passport Data Page Received August 27, 2015 

Form G-28 Received August 27, 2015 

Statement Of Reason Received August 27, 2015 

Unknown Sent August 27, 2015

 

Thank you!

[rags1979]

 

Dears rags,This is my timeline;

December 10,2014   USCIS received my I612 application.

The status online have since remained like that,however after my first call  call, i received this message :

"On July 16, 2015, 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.

The USCIS is unable to proceed with your waiver application until we receive a recommendation from the US Department of State (US DOS). Please contact the US DOS to complete the application process. If you have not already done so, you must complete Form DS-3035 online at www.state.gov, enter in the search field: waiver review division forms, click on FORMS, select Visa, select online DS-3035 J-1 Visa Waiver Review Application. There will be a fee for this application process. Once your application has been accepted by the US DOS, you will be provided with a DOS case number.

 

For further information, you may contact the US Department of State J Visa Waiver Division at 202-663-1225 or visit their website athttp://travel.state.gov/visa/temp/info/info_1296.html."

The above message prompted me to file DS3035,On my second call i received the message i posted  previously and last month i received the march 9,2016 message

Here is my DOS timeline:

Action Date

Fee Received August 27, 2015

Form DS-3035 Received August 27, 2015

Form DS-2019 Received August 27, 2015

Passport Data Page Received August 27, 2015 

Form G-28 Received August 27, 2015 

Statement Of Reason Received August 27, 2015 

Unknown Sent August 27, 2015

 

Thank you!

 

 

 

Clearly your 612/613 was sent by USCIS to DOS.  DoS did not update the site.  You need to take a infopass in the nearest application service center and force USICS sent another electronic 612/613 to DOS.  Clearly DOS did not receive it.  Also write an email to DOS saying USCIS sent 612/613 8 months ago.  This is a huge red flag.  Usually USCIS 612/613 communication only should take a week to month.  It took 3 weeks in my case.  But i took action forcing USCIS and DOS to watch for it.  DOS eventually got it.  without your 612/613 DOS wont touch the application as it is considered not complete.  Take Action NOW!!!

[budo]

@budo,

 

This seems to be a glitch on the DOS system. My case is similar to yours and I am not able to check the status of the second waiver I filed. I sent an email to the DOS WRD but I haven't got any answers yet.

 

I would recommend that you do the same to raise awareness about this glitch so that they fix it ASAP.

Thanks for your response J1grim. I did send a message to DOS. Like you, I haven't heard back from them yet. 

[budo]

What funding/sponsor did you have and in which country of citizenship you got your J-1 visa?

Hi Zaro, my sponsor is the US Gov through Fulbright, so a very difficult case. I got my J1 in Mali, West Africa. 

[rags1979]

@rags1979 and others

 

Have you heard of any hardship cases that have been approved with pending No-Objection case?

Yes, Several infact.