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Hardship-waiver

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  1. Congrats! You did the right thing. If you haven’t filed it, you would have been still waiting until now. Did the court send them an order to process the case?
  2. please note: This is just a guess and no solid facts or information. For those with gov funding: I collected these cases from this thread and from the facebook group. I think there are two different offices or different officers who handle hardship cases. One for cases with gov funding and one for those who have no gov funding. First, they take 4 months and up to 8 months to post i612/i613 on the portal for gov funding cases. second, if you look at the time of requesting sponsor views, it’s usually a month after the one year mark of posting i612/i613. Then sponsor views could take a month to three maximum and a recommendation is issued within a month. Again, this is just a guess of the pattern based on these cases and could be right or wrong. I’m not sure about any of this. As for those who have no gov funding. I didn’t really look closely at past cases, but seems to be taking a month to 4 after the one year mark of i612/i613.
  3. Case review and interview is all discretion based. If the officer thinks that there isn’t enough evidence, he can issue an RFE or deny your application. If you apply for the i485 before getting FR, you are ineligible. But they receive over 800000 adjustment of status applications all over the country. Some of these officers aren’t experienced enough with the waiver process and they check with their supervisors. Some offices might go by the book and deny it, some will issue an RFE, and sometimes it just slips and goes to the interview. At the interview, I guess it would be rare that an officer does what the lawyer told u, but even if he did that. U can go to administrative appeal and they will approve it. I saw somebody’s post on a Facebook group about an interview. The officer asked for the waiver and she just showed them her visa and DS2019 saying not subject and she got approved. It’s a risk to send the i485 before the waiver. You might get lucky and all come together at a perfect time. You get an FR from DOS and you get it before an RFE or interview.
  4. this what USCIS website says and it’s the law. My guess is that it depends on the office processing the case. Some offices ask for an RFE about the waiver, some might leave it until the interview and this Reddit post is the first case I see denied right away. I applied for the waiver and the i130 but not the i485 as advised by the lawyer. The only problem is if the i485 gets denied, they might put you in removal proceedings if you are out of status.
  5. You said that you went out of status. Do you know if you are subject to a bar or not?! 3 or 10 year bar? Have you asked you lawyer?
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