J-1 Hardship Waiver Approval for Doctor from Jordan
Date we filed Form I-612 for this Client: April 1, 2019.
– Department of State received Form I-612 from USCIS on December 09, 2019.
– The Department of State issued a favorable recommendation with I-612 Letter of Approval on September 29, 2020.
A brief description of the I-612 process and
Form I-612 is an application seeking to obtain a waiver to waive The Foreign Residence Requirement. Section 212(e) specifies The Foreign Residence Requirement of the Immigration and Nationality Act. Holders of a J-1 Visa or a J-2 visa may apply for a waiver to waive The Foreign Residence Requirement. Family members of J1 and J-2 Visa holders may also apply using Form I-612.
Individuals with a J-1 and J-2 Visa who are nonimmigrants may complete this application. Form I-612 is a request to waive the two-year foreign residence requirement. The foreign residence requirement applies to all exchange visitors, who are subject to the requirement mentioned above if:
- They participated in a foreign exchange program;
- An agency of the U.S. Government (or the government of their country of citizenship or nationality or last foreign residence) financed their participation;
- The U.S. designated the country as clearly requiring their specialized knowledge or skill. Designation includes not only country of citizenship but also nationality or foreign residence;
- The Secretary of State must have designated the country. Designation must happen before admittance as an exchange visitor or acquiring such status after admission;
- They gained admission as an exchange visitor or acquired such status after admission on or after January 10, 1977;
- As an exchange visitor, they participated in graduate medical education or training.
This J-1 Hardship Waiver Success Story
The Client of this success story by The Ranchod Law Group contacted our practice in Sacramento seeking advice on her/his particular situation. Our team of Immigration attorneys worked with the Client to document the case. We used our proprietary process to create supporting documentation for Form I-612.
Our Client married a U.S. Citizen with a history of mental health issues. We described two distinct scenarios and explained how both would exacerbate pre-existing medical conditions.
The history of mental health issues would subject the spouse to exceptional hardship
The case we presented highlighted how this would undoubtedly occur should she/he accompany the Client to Jordan. On the other hand, remaining in the U.S. without the Client would also cause exceptional hardship. The spouse, having to stay alone in the U.S., was another scenario that would have caused exceptional hardship.
Also, we described and documented how the Client’s spouse is financially dependent on the Client.
Finally, we went through a thorough analysis of the country conditions in Jordan. Our brief identified how permanence in that country would impose exceptional hardship on the American spouse for two years.