USCIS Internal Changes on Waivers of Home Return Requirements
Posted Dec 29, 2006
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The USCIS has changed certain internal procedures for processing requests for waiver of the the J-1 two-year home return requirement (HRR) contained in INA 212(e). The Form I-612, used for hardship and persecution waivers, will be adjudicated by the California Service Center (CSC). No objection waivers and interested government agency waivers will be processed by the Vermont Service Center (VSC). Applicants neither need to take any action on pending cases, nor change the manner in which they file new cases. The USCIS announced these internal procedural changes in mid-December 2006, but they took effect prior to that announcement.
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USCIS Goal to Streamline and Centralize Adjudications
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This change is all part of the efforts to centralize procedures and make them more efficient. Over the years, we at the Murthy Law Firm have been arguing for uniformity in processing, adding our voices to the outcry from many. Through the American Immigration Lawyers Association (AILA) and other organizations, attorneys have lobbied for improvements in consistency since, historically, there have been variations in the applicable standards in adjudicating cases. Now, finally, the USCIS is implementing procedures toward this goal.
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HRR Waivers Based on Hardship or Persecution at CSC
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As of November 1, 2006, Form I-612, used to request a waiver of INA 212(e), the J-1 two-year HRR, will be adjudicated by the CSC. The I-612 form is used when a waiver is requested based upon claims of exceptional hardship to U.S. citizen or permanent resident spouse and/or child/ren, or for claims of persecution. The Nebraska, Texas, and Vermont Service Centers have started forwarding all new I-612 filings to the CSC.
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No-Objection Waivers and IGAs Not Included in this Policy
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We note that the I-612 form is not filed in those cases requesting HRR waivers on grounds other than exceptional hardship or persecution. Persons with No Objection Waivers or Interested Government Agency Waivers / State Department of Health are not included in this part of the changes.
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No Objection Waivers and IGA Waivers at VSC
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As of October 10, 2006, all waiver recommendations based upon either "no objection," an interested U.S. Government agency (IGA), or state department of health will be forwarded to the VSC. The waiver recommendations in these types of cases are forwarded from the U.S. Department of State (DOS) to the USCIS. These are transmitted electronically and are treated as I-612 forms, without the actual filing of the forms or payment of the I-612 filing fees. This change allows for streamlining and adjudication in a paperless environment.
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Do Not Change Procedures for Filings
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Petitioners and applicants do not need to make any changes at this time. Those with pending cases do not have to re-file or request transfers. Individuals with new cases should continue to file them with the service centers that have jurisdiction over their places of residence.
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Conclusion
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These procedures are all internal USCIS changes, at this time. They are designed to improve processing and make it uniform all across the United States - an effort that we at the Murthy Law Firm advocate.