What If USCIS Approved the Hardship or Persecution Finding but DOS Does Not Show It?
Exceptional hardship and persecution waivers require USCIS to make the relevant Form I-612 finding before the Department of State can proceed under that waiver basis. If the USCIS finding does not appear in DOS status, first determine whether USCIS has actually decided the I-612 case and then distinguish that issue from DOS intake delay.
Check the Form I-612 case with USCIS first
If USCIS has not yet decided whether exceptional hardship or persecution was established, the matter is still pending with USCIS.
DOS directs applicants to contact USCIS for the status of a pending Form I-612.
USCIS forwards the finding to DOS
Current DOS instructions state that USCIS forwards its decision to the Waiver Review Division.
DOS proceeds with the hardship or persecution recommendation only when USCIS makes the required favorable finding.
The DS-3035 record still matters
The applicant must also have completed the DOS waiver recommendation process. DOS permits the DS-3035 application and fee steps either before filing Form I-612 or after USCIS has made the required finding.
A favorable I-612 finding and a complete DOS waiver file are separate components of the overall case.
Allow for DOS receipt processing
USCIS is a third party for hardship and persecution supporting documents. DOS warns that third-party receipt updates can take at least three to four weeks to appear online.
A USCIS decision therefore may not be reflected in DOS status immediately.
Use the correct agency for the correct problem
If USCIS has not issued the finding, follow USCIS case-status procedures. If USCIS has completed the case but the DOS record has not updated after the ordinary intake period, the issue is with the DOS recommendation-stage record rather than the underlying I-612 adjudication.
Keeping the USCIS receipt and decision information available can help identify which stage is actually pending.
Frequently Asked Questions
Who decides exceptional hardship or persecution first?
USCIS makes the required Form I-612 finding.
Who sends the I-612 finding to DOS?
DOS states that USCIS forwards its decision to the Waiver Review Division.
Can I check a pending I-612 with DOS?
No. DOS directs applicants to contact USCIS for the status of the Form I-612.
Can the USCIS finding take time to appear in DOS status?
Yes. DOS says third-party receipt updates can take at least three to four weeks.
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