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USCIS Approves J-1 Visa Hardship Waiver-US Citizen Children Would Suffer Hardship If Returned To Phi

AAO issued a decision on January 30, 2008 granting an INA Section 212(e) hardship waiver for a J-1 visa holder subject to the 2-year foreign residence requirement. The applicant, a citizen of the Philippines, was originally granted a J-1 visa for medical training in the U.S. Several years later, she applied for a J-1 visa waiver on the basis that her U.S. citizen spouse and 3 children, born in 1993, 1996 and 1999, will suffer exceptional hardship if they moved to the Philippines temporarily with the applicant. She also claimed that they would also suffer exceptional hardship if the children remained in the U.S. while she returns to the Philippines to complete the 2-year foreign residence requirement.

In granting the waiver application, the AAO reviewed the medical information of her children, including one that suffered from bronchial asthma from infancy. Also important were the facts that the children had adjusted to the American way of life, did not speak the language, could be the targets of kidnappers for ransom and terrorism if they return to the Philippines. It was also noted that the applicant’s spouse suffered from hypertension and major depressive disorder.  Read full memo