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The J-1 Waiver Application on the Financial Hardship Ground

Hi William:

I want to
apply for J-1 waiver on the financial hardship ground. What kind of arguments or evidences that I should prepare for the J-1 waiver application?

Answer:

To apply for J-1 waiver in "financial hardship" option, the J-1 holder should consider the financial hardship for the U.S. citizen spouse and child. For example, if the J-1 alien goes back to his or her home country alone, the U.S. citizen spouse's salary may not be sufficient to cover the expenses of housing, childcare, and day-to-day life expenses inside the United States, especially in some expensive cities or states. Also, the J-1 alien would not be able to earn enough money in the home country to contribute to the family's support. Therefore, the situation is not financially viable.

If the J
-1 alien's family is in one of the highest cost-of-living areas in the United States, the couple may also not be able to accumulate significant savings upon which to rely for living without the J-1 alien in U.S. Additionally, as immigrants, they may not have relatives living in the United States to help them through the difficult time.

Also, when one parent is abroad for the 2-year home country service and the other parent is in the United States, the U.S. citizen child would suffer.
The child may not have contact with either parent, while both parents are working in U.S. and abrod, which lets to the negative impact of such a parental separation at a young age. While separation alone is not the hardship, but the situation may go beyond normal separation hardship levels in some cases.









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