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How Could I Make the Arguements for J-1 Waiver based on Exceptional Hardship?

Hi William:

I want to apply for the
J-1 waiver application based on the "exceptional hardship". Is it difficult to get approval? and how could I make the arguements for the J-1 Waiver based on the "Exceptional Hardship"?


The waivers of 2-year home residency requirement that applies to some J-1 visiting scholars who hold or have held J-1 status. One of the J-1 waiver categories is based on the "exceptional hardship" to the alien's U.S. citizen or lawful permanent resident spouse or child.

The J-1 waiver application based on the "exceptional hardship" is not easy to get approval, but it is possible in some circumstances. It requires some creative effort to identify the issues and properly document the hardships that might not be immediately evident.

The J-1 hardship waivers often involve a number of intertwined hardships, it is difficult to determine which hardship is sufficiently exceptional. Therefore, it is necessary to demonstrate that the hardship exists under any possible scenario regarding the J-1 holder's relative remaining in the U.S. or accompanying the J-1 alien abroad.

For the J-1
waiver based on "exceptional hardship", one of the arguement is that enforcing the 2-year home residency requirement would create hardships on the U.S. citizen spouse and child, including interruption and compromise of the spouse's career, separation of a parent and a young child, serious economic consequences, and risk of physical harm due to current country conditions.

Also, for some J-1 holders, the 2-year home residency requirement may not not workable for economic reasons, and for the welfare of the child, ans it could be a severe compromise to a promising career for the U.S. citizen spouse and the family.

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