The first advantage of securing a hardship waiver is that it gives you the opportunity to settle down with your family and have peace of mind. If USCIS determines that Exceptional Hardship does exist, it forwards the J-1 Waiver file to DOS. In addition to the regular waiver application with the U.S. Department of State, you must submit Form I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. Mail the following items to one of the two addresses … A J-1 visa waiver is sought in order to bypass the rule that requires J-1 holders to be physically present in their home country for two years. Click the link to create an online application. Their hardship must be “exceptional.”. The attorney listings on this site are paid attorney advertising. Citizenship and Immigration Services (USCIS) and the Waiver Review Division (WRD) of the U.S. Department of State’s Bureau of Consular Affairs before going forward with your green card or visa application. (The website will tell you what to send and where to send it all.). The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. to the USCIS along with the designated fee. Another way is to show evidence that the medical facilities in your home country are not adequate for the treatment of your spouse or child. The first step required to obtain an exceptional hardship waiver is to establish that the applicant’s USC/LPR spouse or child would experience exceptional hardship if he or she resided in the home country for two years with the ap The second step is to plicant. Because this may affect them psychologically, physically, socially, economically, this might lead to hardship for your relative. Or you can show that it will affect the source of income needed to pay the person’s medical bills or provide insurance for that medical care. Below are some of the most frequently asked questions we receive regarding the J-1 waiver for exceptional hardship. We will, however, do our best to advance your case towards the most favorable outcome. The U.S. does not take the welfare of its citizens lightly. 45.3 Waiver Based on Exceptional Hardship to USC or LPR Spouse or Child. The time it takes for approval of a J-1 exceptional hardship waiver is not fixed, it might take months, a year, or more to process as the case may be. This refers to a situation that may affect the financial wellbeing of your qualifying U.S. citizen or LPR relative. Attorney Brian C. Schmitt has years of experience in private immigration law practice, particularly with J-1 hardship waiver and J-1 persecution waiver applications. Your best bet is to explain the likely hardships associated with both scenarios that they make recommendations... Home Residency requirement still need to get approval from both U.S hardship waiver via. 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