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Posted
13 hours ago, g3dan00 said:

This is most probably a persecution case. They are much faster. 

persecution and hardship cases used to be processed with the same speed until a year ago. I'm now kicking myself because my case qualified for both but I decided to go down the hardship route. If only I knew the processing time changes so drastically...

Posted
17 hours ago, g3dan00 said:

This is most probably a persecution case. They are much faster. 

Does anyone know why persecution is decided faster than Hardship? One lawyer told me that's because in hardship cases DOS requests sponsor views while in persecution that is not needed. This does not make sense at all as in both cases there is a hardship to either the applicant or the US citizen. It is kind of ironic that the hardship waiver itself has become a form of hardship with these extremely long processing times. 😪 

Posted
30 minutes ago, Freidrichm said:

Does anyone know why persecution is decided faster than Hardship? One lawyer told me that's because in hardship cases DOS requests sponsor views while in persecution that is not needed. This does not make sense at all as in both cases there is a hardship to either the applicant or the US citizen. It is kind of ironic that the hardship waiver itself has become a form of hardship with these extremely long processing times. 😪 

I thought if it is hardship they will not request for sponsor views. Thanks for the info

Posted
1 hour ago, Freidrichm said:

Does anyone know why persecution is decided faster than Hardship? One lawyer told me that's because in hardship cases DOS requests sponsor views while in persecution that is not needed. This does not make sense at all as in both cases there is a hardship to either the applicant or the US citizen. It is kind of ironic that the hardship waiver itself has become a form of hardship with these extremely long processing times. 😪 

Hardship to the applicant is not relevant. Extreme hardship to the US LPR or citizen spouse or child only is relevant. But they take the cases in totality, which means if you primarily applied hardship but there is also elements of fear of persecution and national interest then those will help. The fact that USCIS forwarded it to DoS is definitely good, meaning USCIS is convinced and it’s just a matter of time. Out of all the cases I’ve encountered in the DoS I have never yet to see a “not favorable” hardship. 80% of the hardships filed in 2021 that I’ve encountered so far are pending. And 20% are favorable. 

Posted
On 3/9/2022 at 11:19 AM, COPK said:

Hi, I have a similar case too. My hardship waiver with USCIS started in 2019. And in March 2021 USCIS requested DOS opinion. I didn’t know that we can apply to DOS at same time, so I sent my waiver application to DOS 6 months after USCIS requested their opinion. DOS received my I-612 and I-613 in December 2021 and I haven’t got any updates since then. I’m not sure what to do now. Should I email them or contact my local congress office for help?

Hello. Any update with regards to your case? DOS received my I-612 Sept 2021. 

 
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