Approval for Exceptional Hardship Waiver for Client from India, Program Sponsor: ECFMG
Filed November 16, 2016
Approved July 25, 2017
Client married a U.S. Citizen and together the couple was expecting their first child. Applicant had left the U.S. after completion of his J-1 program, leaving his pregnant wife alone in the U.S. Applicant’s wife was having a high risk pregnancy. To win this case we needed to argue that the wife would suffer if Applicant was unable to return to the U.S. and also if wife tried to relocate abroad. Regarding the scenario of continued separation, we successfully argued Applicant needed to return to U.S. to support his wife in her pregnancy, child birth, and post partem period. Regarding the scenario of having the wife relocate, we researched and crafted arguments based on country conditions in India and the wife’s ties to the U.S. Applicant then reentered the U.S. on a tourist visa while the j waiver was pending and ended up filing for adjustment of status so he could stay with his wife and now newborn child. Thankfully we received the approval of client’s j waiver before his “greencard” (adjustment of status) was adjudicated.
J1 Hardship Waiver Approved for Saudi Arabian Client
Filed: August 15, 2016
Approved: June 20, 2017
Client came to the U.S. on a J1 Visa and had a U.S. Citizen child. In order to win these cases we have to successfully argue that the U.S. Citizen would suffer exceptional hardship both if he/she remained in the U.S. without the J1 visa holder and also if he/she went back to the home country with the J1 visa holder for two years. Since in this case the U.S. Citizen is a child and the mother is on a J2 Visa, also subject to the home residency requirement, we successfully argued that if the waiver were denied the child could not stay in the U.S. alone and the child would be forced to relocate to Saudi Arabia for two years. In terms of exceptional hardship in Saudi Arabia, we discussed the danger and discrimination of Shia Muslims in Saudi Arabia in addition to other damaging conditions. In ten months, the case was approved and the family can now continue their lives in the U.S.!
J1 waiver Hardship Waiver Approvals for Clients from Egypt
Filed: March 24, 2016
Approved: March 21, 2017
Filed: January 28, 2016
Approved: July 14, 2016
Wife and Husband were each J1 Visa holders who each required their own waivers.
Clients have two children born in the U.S.
During a previous return trip to Egypt one child had respiratory problems. Also, after returning to the U.S., the other child began receiving treatment for a developmental delay. We also argued hardship regarding the safety issues facing U.S. citizens in Egypt and conditions in Egypt generally.
These cases are not easy to win but we have extensive experience properly documenting and preparing j1 waiver cases. We presented, as always, the very best case possible for each client.
Approval of Another Exceptional Hardship J waiver for Egyptian
Filed: January 25, 2016
Approved: September 28, 2016
Client and his wife are Egyptian. Client used Egyptian funding. We were able to obtain a hardship waiver for client on the basis of his United States citizen son, a child born in the U.S. while client was studying here.
A lot of the argument focused on the inherent hardship of sending a U.S. Citizen to Egypt given current country conditions. This is where the immigration Lawyers of The Ranchod Law Group in Sacramento CA. distinguish themselves from others. We have extensive experience in hardship waiver cases and we were able to build a winning case for this and many many other clients. Now the family can stay in the U.S. where our client has a good job and the family can live safely.
J Hardship Waiver for Doctor Approved
Filed: April 1, 2015
RFE Issued: September 12, 2015
Approved: December 28, 2015
At Ranchod Law, we help many doctors who use J visas to complete residency obtain waivers of the two year home residency requirement.
Most recently we helped Dr. Doe. Dr. Doe is from India. Dr. Doe’s wife is also a doctor in residency and together the couple has a baby. Dr. Doe and his wife are delightful and accomplished.
A large part of our argument for Dr. Doe’s waiver revolved around the family’s childcare necessities. Both Dr. Doe and his wife worked long hours and were required to serve call. The couple switched off childcare quite a bit. There were no other reasonable options because the couple has no family nearby who could help and daycares are only open for standard hours. Moreover residents do not earn very much so hiring a live-in or round the clock nanny was not possible.
We believed the case would be approved quickly but five months after filing we received an unusual request for evidence.
We responded to the RFE expecting a quick decision. We followed up with USCIS and DOS multiple times and our office even opened formal inquiries through the American Immigration Lawyers Association until finally we received our approval!
(please note actual names have been changed)
Approval of Another Hardship Based J Waiver
J Waiver Hardship Approval Based on U.S. Citizen Child
Filed: May 26, 2015
Approved: November 9, 2015
Client and his family are from a Middle Eastern country. Client entered the U.S. on a J visa with his wife on a J-2 visa. While in the U.S. the couple had their first child. The child is now a healthy well adjusted preschool age child and the client did not want to return to his home country. We focused our arguments on conditions in the home country including safety issues, the poor educational system, and the unavailability of comparable medical care. Also, in his home country client would barely be getting by financially but here in the U.S. client commanded a very good salary. Our firm worked very hard researching and writing the legal brief to present the very best case possible. Now client can continue his career with his family in the U.S.
Married to a U.S. Citizen and had just given birth to the couple’s first child
Filed: April 9, 2015
Approved: October 15, 2015
Client was out of status by the time she came to our office for help with her j waiver. Client is married to a U.S. Citizen and had just given birth to the couple’s first child. We were able to successfully argue hardship because client’s husband could not practice his profession abroad and client’s husband owns a home in the U.S. and leaving his job in the U.S. would mean defaulting on his financial responsibilities. Also, client’s husband could not afford to care for his infant while his wife completed her home residency requirement abroad and client’s home country, for many reasons, was not a good a safe place for their child. We worked extensively to argue each aspect of the case and were pleased to see the positive decision.
Approval of Waiver of Two Year Foreign Residency Requirement for J-1 Visa Holder
Filed: March 2, 2015
Approved: April 28, 2015
Client retained our services to file a hardship waiver on his behalf. Client had entered the U.S. from a Latin American country on a J-1 visa subject to the two year home residency requirement and while in the U.S. he met and married a U.S. Citizen. The couple is currently expecting their first child. The couple’s child is due two weeks after he would have had to depart from the U.S. We argued on client’s behalf various aspects of hardship including emotional hardship to his wife (pregnant and possibly being left alone in the U.S.), also wife was financially dependent on client (wife worked but client was main breadwinner) and her health insurance was through client’s employer, finally client’s wife could not accompany client to his home country, among other reasons, because she didn’t speak the language and wouldn’t be able to continue her career abroad. We really detailed every aspect of the client’s case to make the strongest possible case for our client. Client was absolutely delighted when his case was approved in less than two months! Now Client and his wife can look forward to the birth of their first child without having to worry about client’s immigration status.
Approval of Waiver of Two Year Foreign Residency Requirement for J-1 Visa Holder
Filed: December 15, 2014
Approved: April 20, 2015
Client retained our services to file a hardship waiver on his behalf. Client had entered the U.S. from Yemen on a J-1 visa subject to the two year home residency requirement and while in the U.S. he met and married a U.S. Citizen. We argued emotional hardship if client had to leave his wife for two years. Also, the couple, who both study full time, need both incomes to keep up their frugal lifestyle. Client’s wife also could not accompany Client to Yemen because she is a practicing Christian and a proud American which would make Yemen a dangerous place for her. Also she would not be able to continue her education in Yemen. Client was very happy when his waiver was approved. It was a big financial sacrifice for client to complete this process and the relief he experienced when the waiver was approved was immense.
Approval of J Waiver Based on Persecution if Client Returned to Her Home Country
Filed: October 15, 2014
Approved: January 8, 2015
Our client was a participant in the Fulbright Foreign Language Teaching Assistant (FLTA) program. When she briefly returned to her home country she was interrogated. During that interrogation the official directed our client to provide certain information prior to her then upcoming departure but our client fled her home country without complying. Additionally, our client concealed information during her interrogation, which was later uncovered. Our client also engaged in actions and work in the U.S. since her last entry which would subject her to persecution in her home country. Thankfully, her waiver was approved within three months and she will be safe here in the U.S.
Approval of J Waiver Based on Hardship to U.S. Citizen Spouse
Filed: July 7, 2014
Approved: September 17, 2014
Our client’s spouse is a veteran of the U.S. Army with a minor disability. She would be unable to follow our client to his home country for two years because she receives all of her medical care for free through the Veteran Affairs Hospital. Also our client’s stepson could not be removed from the U.S. because his biological father would not allow it and client’s stepson needs our client to remain in the U.S. because the stepson was covered by the health insurance provided by our client’s employer. We also argued that client needed to remain in the U.S. because his wife and stepson rely on his income and client could not support them from abroad and client’s wife had been dealing with anxiety and depression over the possible loss of her husband for two years, extreme emotional hardship. Case was approved in just over two months!