The I-612 Exceptional Hardship Waiver is a process that could remove/waive the 2-year home residency requirement (aka subjection to Special Skills Lists 212(e)). However, in order to receive approval for this waiver, the “hardship” MUST be exceptional , it must be more than ordinary.
Please Note: If the Foreign Country permits a No Objection Waiver, it is recommended to attempt to receive that waiver as it is generally cheaper, quicker, and less stressful than the USCIS I-612 Exceptional Hardship Waiver.
Now, what are the common kinds of things USCIS can look toward in an Exceptional Hardship Waiver:
The individuals who CAN NOT be the subject to the Hardship are the J1 or J1 Visa Holder. The J1/J2 cannot be the focus, but that doesn’t mean the J1/J2 situation cannot be added to the bigger picture.
For instance, a J1 Spouse that is sick or needs medical attention has a direct effect on the US Citizen Spouse. The US Citizen Spouse may have to pay for the medical treatments without the assistance of health insurance (Financial), the medical condition may be causing emotional or psychological harm to the US Citizen Spouse, and the US Citizen may have legitimate fears of the J1 Spouse being treated Abroad versus within the US.
The Waiver Filing actually occurs in 2 parts / 2 halves:
First Half: I-612 filing with USCIS, which focuses on the Hardship Establishment
Second Half: DS-3035 filing with DOS, which focuses on processing the Waiver
If the I-612 is not approved, the DS-3035 would not be able to be processed under the Hardship Waiver basis. If the I-612 is approved, there is an extreme likelihood the DS-3035 would be approved. In a nutshell, it is easier to picture the I-612 as the most important part of the Waiver Filing, since it is the part that supports the approval, the part that shows the government why the government should care about your case.
The process can be a little confusing, but it can be visualized as follows:
If you need assistance filing an Exceptional Hardship Waiver Filing, please schedule a consultation with our office, Fickey Martinez Law Firm, P.L.L.C.
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