Immigration Law

Federal Court Litigation Triggers I-612 Hardship Waiver Victory: Fabry v. Kerry

Filing of lawsuit by Hake & Schmitt induces State Department Waiver Review Division to issue favorable recommendation in de novo filing in an I-612 hardship waiver case

"The State Department Waiver Review Division (WRD) issued a not favorable recommendation on an I-612 hardship waiver application involving a U.S. citizen spouse and three U.S. citizen children. The applicant was subject to the two-year foreign residence requirement based on participation in a U.S. government-funded program (Fulbright).  Plaintiffs filed a complaint for declaratory, injunctive, and mandamus relief on September 2, 2014.  Early in the litigation, the government hinted that the filing of a de novo waiver application might be considered favorably.  The de novo application was received at the WRD on March 4th and was given a Favorable Recommendation on March 10th.  The lawsuit was voluntarily dismissed shortly after a one-step adjustment of status application was receipted by the USCIS.  Fabry et al. v. John Kerry et al., No. 14-cv-01261-JCH (D. Conn. Sept. 2, 2014)." -Brian C. Schmitt