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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3803
Experience:  Private practice in several areas, including immigration
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I want to apply change but firstly I need to waive two-year

Customer Question

Hi! I want to apply for status change but firstly I need to waive two-year home-country physical presence requirement through marriage to a US citizen. What are the important points to mention as part of DS-3035 personal statement?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

What is basis for the waiver request?

Judith

Customer: replied 1 year ago.
Exceptional hardship through marriage
Expert:  Judith replied 1 year ago.

What level based on the below do you fall into and specifically what is hardship?

HARDSHIP WAIVER LEVELS

Level 1:

  • The qualifying U.S. relative has a major medical issue such as: cancer, brain tumor, multiple sclerosis, or cerebral palsy. The medical condition makes it impossible for the qualifying relative to move abroad AND also it is necessary for the applicant to remain in the United States to help take care of the qualifying relative.
  • The applicant’s country is in a state of major political distress or in a state of active war.
  • The qualifying relative is caring for an elderly and chronically ill parent or child who needs constant care and supervision condition and it makes it impossible for the qualifying relative to relocate abroad because she/he assists the relative with things like hygiene or physical therapy. Also the qualifying relative needs the applicant to remain in the United States because he or she is providing additional support.

Level 2:

  • The qualifying relative has been diagnosed with a medical condition that makes moving abroad difficult, and requires the applicant’s help. For example, qualifying relative is scheduled to have major surgery and has a long recovery time.
  • The qualifying relative is the primary caregiver for a child and is unable to leave the country because of custody issues. Also, the child has a strong attachment to the Applicant.
  • The qualifying relative is occasionally caring for an elderly sick parent who needs occasional care and can normally care for him/herself. The qualifying relative needs the help of applicant when she/he is providing help.

Level 3:

  • The qualifying relative has a job that requires a license in both the United States and abroad (e.g. doctor, attorney, certified public account).
  • The qualifying relative has been diagnosed by a licensed psychologist/psychiatrist with depression or anxiety as a result of the Applicant’s immigration problems and has been attending regular therapy sessions.
  • The qualifying relative has young children that will need to relocate to a country that has a poor education system.
  • The qualifying relative has a minor medical condition such as asthma or allergies.

Level 4:

  • The qualifying relative has large debt that he or she will be unable to pay if he/she had to move abroad with the qualifying relative.
  • The qualifying relative has aging parents.
  • The Applicant’s country abroad has a high rate of crime or unemployment.

For more information on waivers of inadmissibility leading to U.S. permanent resident status, please contact *****@******.***.

Customer: replied 1 year ago.
I have to clarify it for you. I have married to a US citizen and I need to apply for J1 waiver based on exceptional hardship to a US citizen spouse, it is clear now?

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