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Asyulm case and Waiver

Discussion in 'J-1 Home Residency Requirement' started by Jack2017, Jan 3, 2017.

  1. Jack2017

    Jack2017 New Member

    I am PhD student; I came to USA on J-1 visa status. I’m subjected to J-1 Two Year Home Residency Requirement. I applied for asylum refugee after one year of my arrival to the USA. I didn’t plan to apply for asylum refugee until the situation in my country became so bad, so my family suggested to me to stay in the USA, to prevent my life from dangerous situations at back home. Later, after one year from my applying to asylum, I fell in love with a girl and we ended up getting married and she is a US citizen.

    I’m thinking about the following:

    1- Pending my asylum refugee case for now. Because, I didn’t have any interview until now.

    2- Apply for a waiver of the two-year home residency requirement. Because my wife she is sick and she has a problem with her pancreas, so I have to stay with her because most the time she passes out and need someone to take her to the hospital. So, we are planning to apply to J-1 Visa Exceptional Hardship Waiver. But, I had applied for another waiver before, but my country didn’t respond to me about that yet, and I am doubting that they will. My case still pending. I’m wondering if I am eligible to apply for Exceptional Hardship Waiver and I’m on another waiver case?

    Q: In case that I won’t get the waiver, what my situation would be. Should I leave the country and lose my study or I will be able to continue my study?

  2. mercier

    mercier Registered Users (C)

    If I were you, I would go ahead and apply for a waiver. If the passing out problem is verified by a medical professional, it could bring a strong argument. However, you should be ready to explain if relocation of your family to your home country (including your wife) would hinder your wife's healing. This could be something like unavailability of specific doctors in your home country or your inability to go because of persecution.

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