J-1 Hardship Waiver Approval for a Dominican national
Date Filed: 11/15/2018
Date Approved: 04/07/2019
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Waiver approval: applicant with two U.S. citizen children
Date Filed: 1/2/2018
Date Approved: 2/4/2019
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212(e) Hardship Waiver Success Story for J-1 Visa
Date filed: 04/17/2018
Date approved: 12/12/2018
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J Hardship Waiver Approval Success Story for Client from South Asia
Filed: May 22, 2017
RFE: Issued November 17, 2017
RFE Responded to Within Deadline in January 2018
Approved: August 16, 2018
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J-1 exceptional Hardship Waiver Approval for Client from Egypt
Filed: May 25, 2017
Request for Evidence Issued: November 9, 2017
Request for Evidence Response Filed: December 2017
Approved: May 21, 2018
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J-1 Hardship Waiver Approved for Egyptian Applicant With Government Funding
Filed: March 20, 2017
Approved: April 3, 2018
Applicant has been in the U.S. since 2014. His wife gave birth to a now three year child in the United States and at the time of filing she was expecting a second child. We affirmed that the child could not remain in the U.S. without the parents. The Applicant’s wife, the mother, was a J-2 dependent also subject to the home residency requirement. We argued that the hardship would become further magnified after the birth of an additional American child.
J-1 Hardship Waiver Approved for Egyptian Applicant
Filed: May 15, 2017
Approved: April 5, 2018
Applicant has been in the U.S. since 2015. Applicant and his wife have two young children born in the U.S. In order to win hardship waivers we have to prove that there would be exceptional hardship to the qualifying relative/s, in this case the two young American children, both if the children accompanied the Applicant back to Egypt and also if the children remained in the U.S. without the Applicant. We affirmed that the second scenario was not a possibility in this case as the children could not remain in the U.S. without the parents and Applicant’s wife, the mother, was a J-2 dependent also subject to the home residency requirement. We have done many cases similar to this with young American children and our arguments focus a lot on the country conditions which would inherently result in hardship to an American child living in Egypt for two years.
J-1 Hardship Waiver Approved for Client from Egypt with Government Funding
Filed: February 23, 2017
Approved: October 24, 2017
Client had been in the U.S. for several years on a J-1 with government financing and his spouse was a J-2. The couple had a baby, now a young child, born in the U.S. When the child was born the child had an abnormal newborn screening and since then the child had several respiratory infections. We explained if this waiver were denied the child would be forced to relocate to Egypt for at least two years because the child cannot remain in the U.S. without his parents. We successfully argued relocation would result in exceptional medical hardship as in the U.S. the child had excellent medical coverage but in Egypt the available medical care is inadequate. In fact, on the child’s sole trip to Egypt the child because ill and we successfully argued the child received inadequate care. We also successfully argued concerning the exceptional hardship to the child’s development and mental health. We also successfully argued other exceptional hardship inherent in the dangerous country conditions. Finally, we successfully argued that the J-1 father faced hardship in Egypt in terms of his employment prospects and future and this was relevant insofar as the hardship would affect the U.S. citizen child.
J Waiver Approved for Doctor from China
Filed: December 22, 2016
Approved: September 1, 2017
Our client is a doctor who was subject to the two year home residency requirement. She was married to a lawful permanent resident and together they have U.S. citizen baby. In order to win these cases we have to prove client’s resident spouse would suffer exceptional hardship both if he went with client to her home country for two years and also if he remained in the U.S. while client completed her two year home residency requirement abroad. We argued that in the scenario of relocation where would be exceptional financial hardship to the resident spouse because the resident spouse would have to leave his employment and it would be very difficult to obtain good employment in China because his educational foundation, experience, and connections are all tied to the U.S. If he left his employment he would also lose his and their daughter’s health insurance which they need. In terms of separation client’s spouse does not feel capable of raising his daughter without his spouse. We also argued his daughter does not have lawful immigration status in China. In addition to needing his wife in the U.S. as a co-parent we argued he depends on his wife to be in the U.S. emotionally for his mental health and for regulation of his diet. We are so happy this accomplished doctor, loving wife, and mother, does not have to comply with the two year home residency requirement.
J Waiver Approved for Client from Eastern European Country with Department of State Funding
Filed January 25, 2017
Approved September 8, 2017
Client married a woman born in the U.S. In order to win these cases we have to prove client’s U.S. Citizen wife would suffer exceptional hardship both if she went with client to his home country for two years and also if she remained in the U.S. while client completed his two year home residency requirement abroad. In terms of relocation we argued that the wife does not speak the language in client’s home country and she would be socially isolated and unable to continue working abroad. We also argued with our own supporting evidence there would also be safety issues which would accompany relocation. Either of the above scenarios, relocation or separation, would also result in exceptional financial hardship for the wife because client is the primary financial provider, a role, we argued, he could not fulfill from abroad. Either scenario we also argued would result in exceptional hardship to wife’s mental health. Either scenario would also result in wife losing her health insurance coverage which is dependent on client’s employment and she has needed for her past medical issues. J waiver cases with Department of State funding are notoriously difficult to win and now that his waiver has been approved we are so happy that this client can stay with his American wife in their home in the U.S.
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!