Lawsuit successfully pushes long-delayed hardship waiver application forward

Brian Schmitt filed a lawsuit against the USCIS in an I-612 hardship waiver case that was unreasonably delayed at the USCIS.  This was a rock-solid hardship waiver application for an Indian physician.  The case was originally filed on April 14, 2017.  Mr. Schmitt made inquiry on the delayed case on February 9, 2018.  The USCIS responded that the case was currently being adjudicated and that the applicant should expect a decision within 45 days.  On March 23, 2018, Mr. Schmitt sent a draft mandamus lawsuit to the USCIS demanding they take action on the case by April 5, 2018 or a complaint would be filed.  The lawsuit was filed in the United States District Court for the District of Columbia on April 5, 2018.  The USCIS was served with a copy of the lawsuit on April 16, 2018.  The USCIS immediately acquiesced and forwarded the I-612 hardship waiver application to the State Department Waiver Review Division (WRD).  The WRD received the case on April 25, 2018.  It issued the favorable recommendation on the waiver application on May 9, 2018.  It is now 100% certain that the waiver application will be approved.