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j1 hardship waiver
45.3 Waiver Based on Exceptional Hardship to USC or LPR Spouse or Child.
(a) Disposition of Improperly Filed Applications.
Unless an I-612 has been submitted to support a waiver application based upon exceptional hardship or persecution claims, it should be rejected with appropriate instructions to the applicant. If an I-612 application does not indicate that the applicant has a United States citizen or lawful permanent resident spouse or child, and does not allege that return to the country of nationality of last foreign residence would subject the applicant to persecution on account of race, religion, or political opinion, yo u should return the application and give the applicant an opportunity to resubmit it with the appropriate information requested. If the application is returned without the above information indicated, deny for failure to establish the relationship or persecution necessary to be considered for the specific waiver. Requests by exchange visitors or interested parties for a waiver based on a “no objection” statement or on the sponsorship of a U.S. Government agency should be rejected with instructions to submit such requests directly to:
General Counsel of the Waiver Review Division,
Department of State
2401 E St., N.W., Room 603,
Washington, D.C. 20547
for that agency’s recommendation.
Form i 246. Application for a stay of deportation. i-246 - BIA Stay of Removal | Criminal Immigration Lawyer
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