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Travel while hardship waiver process pending
Anonymous3 views3 answers
Hello , I'm on j-1 visa and also have a hardship waiver application in process since March 11 , I also extended my j-1 until the end of November based on board exam registration , can my wife travel to my country with the kids ( wife is not American , has a j-2 And DS2019!till the end of October , kids : one on J-2 and 3 are U.S. Born citizens ) if they travel to the country for vacation before the hardship application decided on , will that affect the hardship process ?
If you pursued a waiver under the hardship grounds, and not the persecution grounds, your family is probably okay to travel, but you should really have your waiver application reviewed by an attorney beforehand. Depending on what your hardship argument is, you may be contradicting yourself with the travel and vacation to your home country. Aside from those implications, so long as they are in lawful J status with a visa they are okay to travel.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
You hardship waiver application has nothing to do with your travel except it is usually filed in oder to accommodate another goal. If that goal is immigration petition or visa related, you are subject to INA 214b presumption of immigrant intent and may be denied entry. If it has to do with a nonimmigrant visa pursuit like H1, she is fine to travel.
