This I-612 Hardship Waiver was Filed: May 23, 2019
- Date Department Of State (DOS) received Form I-613 from USCIS on: February 12, 2020
- Date DOS issued a favorable recommendation: September 29, 2020
We are happy to share this recent success story with the I-612 hardship waiver letter of approval for a client with three U.S. citizen children.
The I-612 Hardship Waiver Application Process
The Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) should be based on one of the following scenarios:
- Departure from the United States would impose exceptional hardship on U.S. citizen members of your family (this includes lawful permanent resident spouse or children.
- Return to your home country of citizenship or nationality or last foreign residence would subject you to persecution based on race, religion, or political opinion.
In the case of exceptional hardship, the applicant must attach a statement providing a detailed explanation of why you believe that your compliance with the two-year foreign residence requirement of INA section 212(e) would impose exceptional hardship on your U.S. citizen or lawful permanent resident spouse or children. But stating your case and personal circumstances is not enough to win an I-612 hardship waiver approval. In fact, you must attach any available evidence that supports your claims of hardship, including all pertinent financial information regarding your and your spouse’s income and savings.
The facts of this case we were able to prove
In the past, the client’s children have needed medical care for both minor and more serious medical issues. Our Immigration attorneys successfully argued, on the client’s behalf, that per the U.S. Department of State Consulate Information Sheet for Egypt, medical care is limited and well below U.S. standards.
Thanks to our experience and numerous other exceptional hardship cases we have dealt with over the years, we also argued that the client and his wife could not provide for the children’s necessities in Egypt due to meager income and high living costs.
Other factors contributing to hardship inherent in the country conditions in this specific case included:
- the language barrier;
- risk of terrorism.
The client’s wife was on a J-2 Visa and subject to the home residency requirement.
Here at the Ranchod Law Group, we are so happy this brilliant couple can continue their lives in the U.S.