Please help with form I-613!

L

lizbaius

Registered Users (C)
Hi everyone here,

I am so confused with the problem of form I-613, that states 'Granted' by waiver division officer; and from the website of the Department of State it shows a favorable recommendation. However, there is no instruction in the form. Firstly, my lawyer told me that I should wait for the notice of approvel sent by local USCIS. After two months I called waiver division office, several visa specialists gave me different anwsers. Some said that I should send the form back to local USCIS, but some said that I just wait till the notice of approvel coming to me.

My case is J visa waiver based on exceptional hardship, it is undergoing over four years and it is so painful for me to go through all the process (denied, appeal, recommendation). Besides, Unfortunately, during the processing I lost my dearest grandma and now my Mom has had a surgery with stomach cancer, she is so sick and has to receive chemo therapy.

I am anticipating to go back home and to take care of my Mom as I can. Now I really dont know what to do with this form. Can I apply for Green Card right now? Please Please help me with your opinion how I can get the case done fast. Thanks in advance!
 
Last edited by a moderator:
It should Form I-612, NOT Form I-613.

A waiver application based on either an exceptional hardship or persecution claim must be filed on Form I-612 (Application for Waiver of the Foreign Residence Requirement).

The I-612 must be accompanied by the supporting documentation described on the form and the fee. A waiver application on Form I-612 should be properly filed at an USCIS Service Center where the applicant is residing.

also see http://www.greencardapply.com/j1/j1_process.htm
 
lizbaius said:
Hi everyone here,

I am so confused with the problem of form I-613, that states 'Granted' by waiver division officer; and from the website of the Department of State it shows a favorable recommendation. However, there is no instruction in the form. Firstly, my lawyer told me that I should wait for the notice of approvel sent by local USCIS. After two months I called waiver division office, several visa specialists gave me different anwsers. Some said that I should send the form back to local USCIS, but some said that I just wait till the notice of approvel coming to me.

My case is J visa waiver based on exceptional hardship, it is undergoing over four years and it is so painful for me to go through all the process (denied, appeal, recommendation). Besides, Unfortunately, during the processing I lost my dearest grandma and now my Mom has had a surgery with stomach cancer, she is so sick and has to receive chemo therapy.

I am anticipating to go back home and to take care of my Mom as I can. Now I really dont know what to do with this form. Can I apply for Green Card right now? Please Please help me with your opinion how I can get the case done fast. Thanks in advance!
Click to expand...

For waiver to be complete you have to have two almost different steps:
1- Step1: Favorable recommendation from the DOS (I think you already got this) this may take days, months or even years as happened with you.
2- step2: Final waiver approval from The USCIS after the DOS issue the favourable recommendation (you do not have to do anything, just wait. The DOS will forward this recommendation to the USCIS). again this process may take few days, months or years. getting the favorable recommendation from the DOS (despite is very important for the USCIS) does not mean the USCIS will approve the final waiver. The parameters for the USCIS to approve the final waiver is different from that parameters of the DOS to issue favourable recommendation. Usually if you got favorable recommendation you will get waiver, exception is still apply.

By favorable recommendation you can apply for green card rightawy (I did that) and the GC will not be issued unless a final decision is made in your pending waiver and you carry the very remote risk of waiver denial and consequently denial of your GC application.
 
VectorP, thank you very much for the reply! Yes, you are right. When I applied for J visa waiver, I did used form I-612, but now I received form I-613. In the form I-613, a waiver review officer signed on it with "Granted"... That is why I am confused about.

mmed, thank you so much for the instruction! Based on your case, when you were informed with the favorable recommendation, do you remember that the document DOS sent to you was the same as mine, form I-613, or some other letter? Also I would likely know how long it would take for you to receive the final waiver from local USCIS after you got the favorable recommendation. Again thank you for sharing your experience with me!
 
lizbaius said:
VectorP, thank you very much for the reply! Yes, you are right. When I applied for J visa waiver, I did used form I-612, but now I received form I-613. In the form I-613, a waiver review officer signed on it with "Granted"... That is why I am confused about.

mmed, thank you so much for the instruction! Based on your case, when you were informed with the favorable recommendation, do you remember that the document DOS sent to you was the same as mine, form I-613, or some other letter? Also I would likely know how long it would take for you to receive the final waiver from local USCIS after you got the favorable recommendation. Again thank you for sharing your experience with me!
Click to expand...

I do not remember the form name of recommendation, the final waiver was 5 months after the recommendation
 
This is an exceptional hardship waiver, not a "no objection" waiver, so it's a bit different and I-613 is a form used in this process.

lizbaius, in order to better understand your problem, I need a bit more info.

1- You must have received a receipt notice from USCIS when you filed your I-612 (a 13-digit number beginning with three letters). What is the current status of your case when you enter your case number here?

2- What is your current non-immigrant status?

3- When did you receive a copy of I-613 ?

Thanks
 
Thank you,jk0274,for your quick response!

1-
Current Status: Case received from AAO.

On January 10, 2006, the Administrative Appeals Office returned this case. If your case was remanded or your appeal was sustained, we will notify you of our action within 60 days of the date of the AAO decision. If you move while this case is pending, call customer service.

Above information is not consistant with the one on DOS website, which states 'favorable recommendation' when check my case with so called case number. I dont know why USCIS website hasnt updated my status yet. I am really concerned about it!

2-my current status is expired from J visa, and live with my USC husband.

3-I received the form I-613 in Mar.24,2008 from my lawyer forwarding to me. In addtion, my lawyer said that this is the original form, which made me confused too.

Thank you for the consideration!
 
3 more questions:

1- When did your J status expire (or rather, has it been more than 6 months since your DS-2019 expired, including the 30-day grace period) ??

2- Please look over the I-613 and look for a- the date it was printed, and b- if there are any CC on it (i.e. any indication of where the copies are being sent).

3- On the DOS site where it says favorable recommendation, is the date of that recommendation also March 2008?
 
1- yes, it has been more than 6 months since J status expired.

2- I closely looked over the I-613, there are two dates showed on it. One is the received date, Feb 09, 2006, that is printed; the other is the signed date by waiver review officer, Mar. 24, 2008.

3- http://travel.state.gov/visa/temp/info/info_1296.html
When I type my case number in 'Check your case status' showed on screen, the copy of information is following:

Department of State Decision: Favorable Recommendation

Item Action Date
Recommendation Sent March 24, 2008
Other Received March 20, 2008
Incomplete Information Letter Sent April 17, 2007
Form DS-3035 Received December 20, 2006
Form DS-2019 Received December 20, 2006
Form I-612 Received February 09, 2006
Form I-613 Received February 09, 2006
Affidavits Received February 09, 2006
Divorce Decree Received February 09, 2006
Form G-28 Received February 09, 2006
Birth Certificate Received February 09, 2006
Fee Received July 31, 2002

Yes, the date of that recommendation is the same as the one on form I-613.

Thank you very much for your patience!
 
Okay lizbaius, thank you for the information. I asked because I wanted to make sure I get a clear picture. I'm not a lawyer but this is my opinion:

1- Your waiver has successfully passed the DOS stage (as you know) and the favorable recommendation has been returned to USCIS, who should now issue their final ruling. This final ruling can take as little as a few days, and as long as a few months. This part is always tricky because, when it takes so long, people assume that the DOS waiver is lost. But the truth is that the recommendation is sent electronically from DOS back to USCIS, so it really can't get lost. Many individuals have had this experience of not knowing what is going on with their J-1 waiver after DOS submits its recommendation, and these individuals always assume that USCIS lost their case, but it almost always turns up in the end after a lot of worry and anguish - one day it just appears! Keep in mind, this is now out of the hands of DOS, so calling them won't matter. It's back with USCIS. So I agree with the lawyer that told you to just wait it out. I know it's taking longer than you'd like, but you're not alone in this. However;

2- If 90 days pass since March 24 and you still haven't heard anything, you should either call USCIS to inquire and/or send a brief letter requesting an update on your case to the address of the USCIS Service Center director as printed on the I-613 that you have. This is similar to the other case (where you found my earlier comment to someone else) - it has been so long since USCIS sent the I-613 to DOS (over 2 years) that USCIS may have closed your case or put it on a back burner. Now that they received the I-613 back from DOS, you may need to write them a letter to wake them up. But again, you can wait until June 28 if you wish because, like I said before, it sometimes takes time (and anguish) before USCIS finally sends that little decision. If you do decide to write, include a copy of your I-612 receipt notice AND a copy of the I-613 you received.

3- Your status and desire to travel: I know you have emergent circumstances, but I wouldn't travel just yet. There are two reasons: A) You have been out-of-status for over 6 months or perhaps over a year. Because your I-94 states (D/S), you technically are NOT accruing days of unlawful presence in the US because, according to regulations, if your I-94 says D/S then an immigration judge or USCIS decision has to inform you that you are officially unlawfully present in the US. I assume you have not gotten such a notice, but with all this activity going on with USCIS, there is a chance you might. If you do, you may trigger the 3-year or 10-year bar which will prevent you from returning to the US if you were unlawfully present for more than 180 days (for 3 years) or for more than 360 days (for 10 years). See here for some more info on this. B) Having a USC husband plus the fact that you overstayed your status will make it very difficult to obtain a non-immigrant visa abroad because of clear immigrant intent.

3) Continued.... However, you are married to a USC, which changes a lot of things. I do not have enough knowledge about adjustment of status for people in your situation who are married to USCs to tell you what your options are, but I do know that it will be easier for you because of your husband. I strongly recommend that you post a new topic on this board asking the following question: "I have been out-of status for (x) months but have been married to a US citizen for (x) years. I am hopefully soon going to apply for AOS but at the same time may need to travel abroad for a family emergency. Please let me know what I should be aware of and if I can travel on Advanced Parole (once I get it) or what other problems I may encounter." You should be able to get some good advice over there, especially from "RealCanadian" and few others. Don't bring up the J-1 waiver, that's a separate matter.

Hope this helps. By the way, do you have an approved I-130 petition filed by your husband?
 
Thank you, jk0274, your opinion is so valuble to me! I think that the most important thing for me to do is to write a letter to Vermont Service Center and ask for updating my status, also tell them about my family situation.

My husband has not filed the form I-130. Do you think that he can do it right now?

Again I appreciate your opinion and time! Yes, I agree with mmed, your insight gives me an overlook of my case more than my lawyer and guides me how to do next.
 
Hi everyone,
I just applied for a hardship waiver. The DOS received my application on the 2nd of July and the USCIS received the I 612 and supportive documents on the 23rd of July. I know processing times may vary but does any one know how long does each step take. Again, I know time varies but when the DOS website mentions it takes 3-4 months I assume they mean after receiving the I 613 from the USCIS?? but how long does the first step take?
The reason I am asking is because I am in my last year of fellowship and I have to decide between continuing with the hardship waiver or trying to find a position that qualifies for a waiver.
Any input would be highly appreciated.
Thanks in advance.
 
USCIS decision waiting time-too long-help!!!!

Dear All, JK0274

I am new on this forum and would highly appreciate your input. I received the favorable recommendation letter from DOS on the 24th of June and since then I've been waiting for the USCIS decision( Vermont Center). My case is based on NO OBJECTION. I got the tracking number from the Service Center but the status is not changing since then. Having already a job offer I desperately need the waiver in order to apply for the visa. Please advise what could I do?
What does the USCIS notice letter say, since I never got it?
JK0274 as per your experience is the timeframe posted on USCIS web page real? If so, do I need to wait 5 months? Or the notice letter mentions 30-90 days waiting time??
Thank you for your feedback.

Wadi


jk0274 said:
Okay lizbaius, thank you for the information. I asked because I wanted to make sure I get a clear picture. I'm not a lawyer but this is my opinion:

1- Your waiver has successfully passed the DOS stage (as you know) and the favorable recommendation has been returned to USCIS, who should now issue their final ruling. This final ruling can take as little as a few days, and as long as a few months. This part is always tricky because, when it takes so long, people assume that the DOS waiver is lost. But the truth is that the recommendation is sent electronically from DOS back to USCIS, so it really can't get lost. Many individuals have had this experience of not knowing what is going on with their J-1 waiver after DOS submits its recommendation, and these individuals always assume that USCIS lost their case, but it almost always turns up in the end after a lot of worry and anguish - one day it just appears! Keep in mind, this is now out of the hands of DOS, so calling them won't matter. It's back with USCIS. So I agree with the lawyer that told you to just wait it out. I know it's taking longer than you'd like, but you're not alone in this. However;

2- If 90 days pass since March 24 and you still haven't heard anything, you should either call USCIS to inquire and/or send a brief letter requesting an update on your case to the address of the USCIS Service Center director as printed on the I-613 that you have. This is similar to the other case (where you found my earlier comment to someone else) - it has been so long since USCIS sent the I-613 to DOS (over 2 years) that USCIS may have closed your case or put it on a back burner. Now that they received the I-613 back from DOS, you may need to write them a letter to wake them up. But again, you can wait until June 28 if you wish because, like I said before, it sometimes takes time (and anguish) before USCIS finally sends that little decision. If you do decide to write, include a copy of your I-612 receipt notice AND a copy of the I-613 you received.

3- Your status and desire to travel: I know you have emergent circumstances, but I wouldn't travel just yet. There are two reasons: A) You have been out-of-status for over 6 months or perhaps over a year. Because your I-94 states (D/S), you technically are NOT accruing days of unlawful presence in the US because, according to regulations, if your I-94 says D/S then an immigration judge or USCIS decision has to inform you that you are officially unlawfully present in the US. I assume you have not gotten such a notice, but with all this activity going on with USCIS, there is a chance you might. If you do, you may trigger the 3-year or 10-year bar which will prevent you from returning to the US if you were unlawfully present for more than 180 days (for 3 years) or for more than 360 days (for 10 years). See here for some more info on this. B) Having a USC husband plus the fact that you overstayed your status will make it very difficult to obtain a non-immigrant visa abroad because of clear immigrant intent.

3) Continued.... However, you are married to a USC, which changes a lot of things. I do not have enough knowledge about adjustment of status for people in your situation who are married to USCs to tell you what your options are, but I do know that it will be easier for you because of your husband. I strongly recommend that you post a new topic on this board asking the following question: "I have been out-of status for (x) months but have been married to a US citizen for (x) years. I am hopefully soon going to apply for AOS but at the same time may need to travel abroad for a family emergency. Please let me know what I should be aware of and if I can travel on Advanced Parole (once I get it) or what other problems I may encounter." You should be able to get some good advice over there, especially from "RealCanadian" and few others. Don't bring up the J-1 waiver, that's a separate matter.

Hope this helps. By the way, do you have an approved I-130 petition filed by your husband?
Click to expand...
 
Yes, you need wait for it about 5 months. I just got approval notice for my J visa waiver based on the exceptional hardship.

03/24/08, got a favorable recommendation from DOS.
08/26/08, got an approval notice from Vermont Service Center.

GL
 
Dear lizbaius,

You got the final waiver or the approval notice of USCIS ( that they are now holding your case) in 5 months? I got the receipt number of USCIS 1 week after the fav. recomm. was sent out.

I appreciate your feedback.

Wadi
 
mmed said:
For waiver to be complete you have to have two almost different steps:
1- Step1: Favorable recommendation from the DOS (I think you already got this) this may take days, months or even years as happened with you.
2- step2: Final waiver approval from The USCIS after the DOS issue the favourable recommendation (you do not have to do anything, just wait. The DOS will forward this recommendation to the USCIS). again this process may take few days, months or years. getting the favorable recommendation from the DOS (despite is very important for the USCIS) does not mean the USCIS will approve the final waiver. The parameters for the USCIS to approve the final waiver is different from that parameters of the DOS to issue favourable recommendation. Usually if you got favorable recommendation you will get waiver, exception is still apply.

By favorable recommendation you can apply for green card rightawy (I did that) and the GC will not be issued unless a final decision is made in your pending waiver and you carry the very remote risk of waiver denial and consequently denial of your GC application.
Click to expand...

Regarding Step 2, have there been instances the DOS issued a favorable recommendation but the USCIS denied the waiver? What are the USCIS criteria for the final apprpval?

Does anyone know?

AP
 
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