This is not just a statement of the hardships involved. – Department of State received Form I-612 from USCIS on December 09, 2019. In order to apply for the J-1 waiver based on extreme hardship, the foreign exchange visitor must: Step 1: Mail your Waiver Applications and Fee Payments. There is a range of hardship factors, which are best explained by our Fort Lauderdale immigration lawyers; however, a few of the most common factors include economic hardships, political, religious, medical, social, and psychological. As previously mentioned, the processing time can be quite discretionary, which means it’s not typically recommended to individuals with more than one application pending at a time. USCIS will forward that recommendation directly to the WRD, but first you need to ask … Persecution based on your risk of persecution for religion, political opinion or race. This case began with our client, a physician on a J-1 visa, with a naturalized U.S. citizen spouse and one young child. However, this requirement can be waived if the home country presence will cause hardship for your spouse or child who is a U.S. citizen or lawful permanent resident. Below are some of the most frequently asked questions we receive regarding the J-1 waiver for exceptional hardship. If you are having doubts about whether your case is best described as exceptional hardship or persecution, an immigration lawyer can help you out. However, this requirement can be waived if the home country presence will cause hardship for your spouse or child who is a U.S. citizen or lawful permanent resident. Each basis has its own qualifying scenarios, and you cannot apply for two at a time. Mail the following items to one of the two addresses … Their hardship must be “exceptional.”. For instance, if you already have a family business in the U.S. with which you support your U.S. citizen relative, this may also help. The DOS Waiver Review Division will evaluate all waiver application before making recommendations to the USCIS. The word “exceptional” here might create some confusion. USCIS will forward that recommendation directly to the WRD, but first you need to ask USCIS for it. If your U.S. spouse or child with different religious or cultural views relocates with you to a place where those views are not accepted, they may face hardship due to this. A brief description of the I-612 process and . No, exceptional hardship and persecution are two different things as far as the J-1 visa waiver is concerned. The U.S. citizen spouse, also a physician, was in the process of completing a highly demanding, prestigious fellowship program. Some exceptional hardship examples include instances where the spouse’s education or career would be disrupted, a scenario where they couldn’t financially uphold 2 households, psychological hardships, etc. , Request by a Designated State Public Health Department, Request by an Interested U.S. Federal Government Agency, Exceptional Hardship to a U.S. citizen or LPR, and Persecution. Medical problems are often seen as creating exceptional hardship, whether it’s because you wouldn’t be in the U.S. to assist in the person’s care or in working to help pay or provide insurance for that care, or because treatment for the condition wouldn’t be adequate in your home country. One of the documents that the WRD will need before it makes a decision on your application is a favorable recommendation of the exceptional hardship waiver from USCIS. Begin by going to the J Visa Waiver Online website. Your best bet is to explain the likely hardships associated with both scenarios. People from war-ravaged countries may be able to leverage this option. Economic or extreme psychological hardship, Social, Cultural, and Educational Hardship, The applicant is required to submit an Application for Waiver of the Foreign Residence Requirement. The U.S. government wants J-1 visa holders to use their newly acquired skills and knowledge to contribute to the development of their home countries. The purpose of this requirement is for J-1 visa holders to use their newfound skills to assist people in their home countries. What are the disadvantages of hardship waivers? You can contact us and book an appointment with one of our J-1 immigration lawyers today by filling out this consultation form. You still need to get the WRD’s approval of the waiver. Unless an I-612 has been submitted to support a waiver application based upon exceptional hardship or persecution claims, it should be rejected with appropriate instructions to the applicant. What are some factors that may qualify for exceptional hardship? Interested Government Agency (IGA) Waivers. That said, the following are some of the common exceptional hardship scenarios under which J-1 waiver is often granted: This includes life-threatening illnesses or conditions requiring regular care and/or medications not available in the person’s home country such as Parkinson’s disease, cancer, AIDS, stroke, and down’s syndrome. To receive a more tailored answer, contact one of our immigration lawyers for an initial consultation. Wait to file your I-612 until you’ve applied with the WRD first—otherwise, the WRD won’t know what to do if USCIS sends its recommendation. Therefore, if a J-1 visa holder has a spouse or child that is a U.S. citizen or lawful permanent resident (LPR) of the U.S., there is a higher chance that he or she will have the foreign residency requirement waived. During that period, we’ll be better able to lay out a timeline for processing. 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