These waivers require a great deal of documentation and seldom are granted. The exchange visitor must provide these agencies strong evidence that persecution would occur. These waivers are not usually granted for those claiming economic hardship or inability to advance in their professions. If the INS deems the request to have merit, it refers the case to the DOS, and if the State Department also concludes that persecution will occur, the INS likely will grant a waiver. Those seeking a waiver based on persecution are advised to consult a good immigration attorney for assistance.
Exceptional hardship is very difficult to prove.
Unfamiliarity with the language, customs, or culture of the alien or the inability to work or pursue a career in the alien s home country are not grounds for a hardship waiver. Those seeking waivers based on hardship are advised to consult a good immigration attorney for assistance. One can file for this type of waiver on Form I-612 at the INS office that has jurisdiction over the place of residence of the exchange visitor. If exceptional hardship is proven to the INS, the request is forwarded to the DOS for final recommendation. The rules for this kind of waiver are quite complicated.