Do You File DS-3035 Before or After the I-612 Hardship Application?
DOS permits an exceptional-hardship applicant to complete the DS-3035 waiver application either before filing Form I-612 or after USCIS has informed DOS that it made an exceptional hardship finding.
DOS allows either filing sequence
DOS states that an exceptional-hardship applicant may complete DS-3035 Steps 1 and 2 either before submitting Form I-612 to USCIS or after USCIS informs the Waiver Review Division that it made an exceptional hardship finding.
Filing DS-3035 first creates the DOS case earlier
Completing DS-3035 first generates the DOS waiver case number and places the DOS portion of the process in motion while the USCIS hardship case is pending.
There is a fee risk
DOS expressly warns that if the applicant completes the DS-3035 steps before filing Form I-612, the DOS processing fee will not be refunded if USCIS later declines to make an exceptional hardship finding.
The USCIS finding is still required
Regardless of sequencing, the Waiver Review Division proceeds under the exceptional-hardship basis only if USCIS makes the required hardship finding.
Frequently Asked Questions
Must DS-3035 be filed before I-612?
No. DOS permits the DS-3035 steps either before I-612 or after USCIS makes the exceptional-hardship finding.
What happens to the DOS fee if USCIS denies the hardship claim?
DOS states that the processing fee is not refunded when the applicant filed DS-3035 first and USCIS does not make the hardship finding.
Can DOS proceed without a USCIS hardship finding?
No. DOS states that it proceeds under this basis only after USCIS makes a finding of exceptional hardship.
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