Legal Question in Immigration Law in Tennessee

Exceptional hardship on J1

Hi. I am getting married to a US citizen (originally from Laos). I am on a J-1 visa that has the two year rule. I am from Jordan and am currently in medical training. I'm Muslim and she's christian. No children. We are both physicians and mutually dependent on each other financially and emotionally. Her father is also dependent on her emotionally and somewhat financially, he has terminal cancer. Her mother is healthy, but has asthma. She has several years to go to complete her training. Will this prove sufficient grounds for a waiver of my J1. What are my chances?


Asked on 4/30/07, 8:50 am

2 Answers from Attorneys
Grace Gardiner Gardiner & Associates, Attys at Law

Re: Exceptional hardship on J1

It depends, usually hardship is given after an application for waiver and it must be hardship for the US Citizen spouse and or child(ren). THe fact that her father is dying of terminal cancer does not necessarily cause your soon to be spouse financial hardship. One of the things you need to get first is a waiver from your home country that they do not need you to come back and serve.

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Answered on 4/30/07, 9:22 am
Regina Mullen Legal Data Services, PLC

Re: Exceptional hardship on J1

You need to consult an experienced immigration lawyer, whose focus is J1 visas. You are not limited to an attorney in your state, necessarily, so shop around. The wait times used to be posted on-line, so browse the immigration site and see what sorts of visas are being granted and the time frame.

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Answered on 5/01/07, 9:38 pm


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