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Extenuating Circumstances for J-1 Waiver Transfer Approved Where Physician’s Family Members were Diagnosed with Food Allergies, Having to Travel Long Distances for Food and Medical Specialists

April 19, 2013 - This Hospitalist was approved for a waiver job in Virginia. While he was completing his 3 years of waiver service, his 2 children became diagnosed with severe food allergies and other ailments. The children were also high risk for severe allergic reactions. As a result, the family had to travel close to 100 miles twice a month to purchase appropriate and tolerable foods and drinks. Furthermore, they had to travel 45 miles to the nearest hospital, if they were to be admitted. The closest pediatric immunologist that could take care of the children was approximately 80 miles away.

The physician located a J-1 waiver eligible position in Tennessee which afforded better and immediate access to the required specialists, foods and drinks for his children. We were then retained to prepare the J-1 waiver transfer petition in which we claimed that extenuating circumstances were met. We filed the petition on March 28, 2013 and requested premium processing. Upon review, the USCIS approved the waiver transfer application on April 19, 2013.

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