Legal Question in Immigration Law in Illinois

I am a US citizen. My wife is a foreign medical graduate who got a J1-waiver and joined work with H1B. However, she just got terminated because she was requesting easy duty as she is 6 months pregnant. Employer didn�t want to give medical leave for her pregnancy and terminated her. What option do we have right now? We have a 3-year-old also. Can she apply for a hardship waiver now? Somebody was saying that since USCIS already gave her a J-1 waiver (H1B), it would not be possible to apply for a hardship waiver now � is this correct? We would seriously have hardship because I can�t just leave work and go to her country and also our 3-year-old can only speak English. Is my wife eligible to get a hardship waiver? (remember, she already got a J1-waiver and got terminated)?


Asked on 6/23/16, 2:09 am

1 Answer from Attorneys
Scott Beller Scoot M. Beller & Associates

Hello:

Since your wife was already granted a waiver, I don't see why she would need another waiver. As a U.S. citizen, I believe you can now petition for your wife, so that she can adjust her status. She made a lawful entry and is not subject to the 2-year requirement since it has been waived. I would be happy to work with you and your wife in this matter.

Please feel free to contact me.

Sincerely,

Scott Beller

208 S. LaSalle Street

suite 1400

Chicago IL 60604

312-782-4800

[email protected]

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Answered on 6/23/16, 6:59 am


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