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Exceptional Hardship Q. How do I apply for a waiver based on exceptional hardship to my American citizen or permanent resident spouse or child?
A. Please note you will need to apply to both USCIS and the Department of State. Apply directly to the USCIS on Form I-612 for a finding of exceptional hardship to an American citizen or legal permanent resident spouse or child of an exchange visitor. You must also complete Online Form DS-3035 on this website and pay the $215 processing fee to the Department of State St. Louis address. Q. When do I submit my Online Form DS-3035 and processing fee to the Department of State, Waiver Review Division? A. You may submit your application and processing fee prior to submitting I-612 to USCIS or after USCIS has acted favorably on your I-612. Q. Do I need to send anything, in addition to USCIS submission to the Waiver Review Division? A. No, if you have paid your $215 processing fee and submitted your completed DS-3035 Online Form, unless the Waiver Review Division makes a specific request directly to you. Once CIS makes a finding of exceptional hardship, on I-613 form, it forwards the whole hardship file to the Waiver Review Division for our consideration. Q. Can I apply for a waiver based exceptional hardship and fear of persecution simultaneously? A. No. Persecution claims should not be intertwined with claims of exceptional hardship. Q. How can I check on the status of my exceptional hardship application? A. You may check the status of your case on-line using your waiver case number on this website. If you feel there’s been an error with your case, you can contact the Public Inquiries Division 202 663-1225. Your concerns regarding processing of I-612 application should be directed to the Citizenship and Immigration Services 1-800-375-5283. The Waiver Review Division can only take action on your case when all the required documents have been received and your case file is complete for review. Q. My exceptional hardship application was denied by USCIS. Can I ask for reconsideration? A. Requests to reopen an exceptional hardship application are made through the USCIS.
State Department of Public Health, CONRAD waivers Q. How do I apply for a waiver based on a request from a state department of public health? A. The applicant is responsible for submitting the following:
Completed Online Form DS-3035 available on this website
Processing fee: cashier's check or money order for $215
If the foreign medical graduate EV received funding from his/her home government to participate in the exchange program, the home government must submit a “No Objection” statement directly to the Waiver Review Division.
The state public health department, if it has agreed to sponsor you for a waiver, must send directly to the Waiver Review Division the following documents in the application package:
• Copies of all DS-2019/IAP-66 forms
• Curriculum vitae
• Form G-28 or letter from a law office if applicant has an attorney
• Two self-addressed stamped, legal-size envelopes.
• A letter from the State health department’s designated official (designated by the state governor) which states it is in the "public interest" that the exchange visitor physician remain in the U.S. and includes the following:
1. Exchange visitor’s name
2. Country of last legal permanent residence
3. Name of medical facility
4. Address of facility
5. U.S. Department of Health and Human Services designated Health Professional Shortage Area (HPSA) ID number of medical shortage area
• A letter from the facility that wishes to hire physicians.
• Evidence that the facility is in a Health Professional Shortage Area (HPSA) or a Medically Underserved Area (MUA)
• A signed contract for no less than 40 hours a week for three years between the facility and the physician, with signatures of physician and head of the facility.
• For quicker processing, the State health agency may submit both its and the applicant's required documentation together. Please note the CORRECT ADDRESS to send the documentation.
Q. Can you tell me which areas have been designated underserved by the U.S. Department of Health and Human Services?
A. This information falls under the jurisdiction of the U.S. Department of Health and Human Services. Please contact that agency directly for the information. Q. Who are the contact persons for each state public health department?
A. Please refer to the list of designated points of contact for State Health Departments available on this website
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