How Should an I-612 Exceptional Hardship Filing Be Organized?
A well-organized I-612 filing should make it easy for USCIS to identify the qualifying relatives, understand the separation and relocation theories, and locate the evidence supporting each material hardship claim.
Begin with the required filing documents
The package should contain the current Form I-612, filing fee as applicable, required immigration records, qualifying-relative relationship and status evidence, and the signed hardship statement required by the form.
Separate the legal theory from the exhibits
A cover letter or legal brief can explain the §212(e) standard, identify the qualifying relatives, analyze relocation and separation, and cite the exhibits that establish each factual proposition.
Make the record internally consistent
Dates, income figures, diagnoses, family history, J-program history, travel, employment, and other facts should be consistent across the forms, declarations, brief, and documentary evidence. Material discrepancies should be explained rather than ignored.
Frequently Asked Questions
Should I include an exhibit list?
An exhibit list can make a large hardship filing substantially easier to review and cross-reference.
Should separation and relocation be separate sections?
Yes. Separating the two analyses helps demonstrate that both scenarios have been addressed.
Should the declarations and evidence use consistent facts?
Yes. Inconsistencies can create credibility and evidentiary problems and should be corrected or explained before filing.
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