Beginning November 1, 2006, the U.S. Citizenship and Immigration Services (USCIS)
Nebraska, Texas and Vermont Service Centers began forwarding to the California
Service Center any new filings of Form I-612, Application of Waiver of the Foreign
Residence Requirement of Section 212(e) of the Immigration and Nationality Act
(INA), as amended, that are based on claims of exceptional hardship or persecution.
This transfer is being implemented as part of the USCIS initiative to use centralized
processing to streamline the adjudication process. However, it has also been
stated that it is not necessary for individuals who previously filed an I-612
to file a new application in connection with this change of procedure. New applicants
seeking a waiver of the foreign residence requirement based on claims of exceptional
hardship or persecution may continue to file Form I-612 with the Service Center
having jurisdiction over the applicant’s place of residence, in accordance
with the existing filing instructions.
Effective October 10, 2006, Further, all INA 212(e) waiver recommendations received
by USCIS from the Department of State (DOS) based on a “no objection” statement
from the individual’s home country, a request by an interested United States
government agency, or a request by a State Department of Health (State Conrad
30) are being forwarded to the Vermont Service Center (VSC) for processing. USCIS
brought in this procedure to allow the majority of these cases to be adjudicated
in a paperless environment. Waiver recommendations based on these three eligibility
categories are electronically transmitted from the DOS to the VSC, and included
in USCIS’ electronic case management system as a Form I-612. Following
the review of DOS’ recommendation and completion of requisite security
checks, the Service Center will issue a decision on the waiver request.