Why Do Hardship and Persecution Waivers Have a Two-Agency Timeline?
Hardship and persecution cases have a USCIS I-612 stage followed by a Department of State recommendation stage and then final USCIS waiver action. The general DOS six-to-ten-week estimate does not represent the entire I-612 timeline.
Stage 1 is the USCIS I-612 determination
USCIS must first make the required exceptional-hardship or persecution finding.
Stage 2 is the DOS recommendation
After the favorable USCIS threshold determination reaches WRD and the DOS file is otherwise complete, the Department considers the waiver recommendation.
The DOS estimate applies to the DOS stage
DOS currently estimates six to ten weeks after receipt of the complete waiver package. That estimate should not be mistaken for the total time required for USCIS to adjudicate the preceding I-612 stage.
Stage 3 is final USCIS waiver action
After DOS forwards its recommendation, USCIS again has jurisdiction and makes the final waiver determination.
Frequently Asked Questions
Does a hardship waiver involve both USCIS and DOS?
Yes.
Does the DOS six-to-ten-week estimate include the first USCIS I-612 adjudication?
No.
Does a favorable I-612 finding itself waive 212(e)?
No.
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