Who Needs to File Form I-612?

You need to file USCIS Form I-612 if you, as a J-1 visa holder, seek a waiver based on (i) a legitimate fear of persecution if you return to your home country or (ii) exceptional hardship to your U.S. citizen spouse or child.

Form I-612 is also required for waiver applicants who are spouses of J-1 visa holders (in J-2 status) who are no longer married to the J-1 holder at the time of the waiver application, or for children of J-1 or J-2 visa holders who are themselves married or over 21 years of age. As with the J-1 waiver application, Form I-612 is only needed if the basis for the waiver is fear of persecution or exceptional hardship (to the J-2 applicant, not the J-1 visa holder).

J-2 spouses who are still married to the J-1 holder and unmarried children of the J-1 holder who are under 21 do not need to file Form I-612, as long as you file Form I-612 and include their names and information in your application. If you fail to do so, they will have to file their own Form I-612 to remain with you in the U.S.

Filing Fee

The fee for filing Form I-612 is $930, and it is non-refundable even if the application is denied. This fee is separate from the $215 filing fee for Form DS-3035.

Detailed Guidelines for Form I-612

Although you may either type or print the application, you must use black ink, and all entries must be legible. Do not leave any item blank; write “N/A” (not applicable) if a question doesn’t apply to you. If you need to add extra pages, print your name and Alien Registration Number (A-number) on each additional sheet, sign and date each sheet, and make it clear to which part of the application your response refers.

Part 1

Print your USCIS Online Account Number (if you have one) and your A-number in the spaces provided. The USCIS Online Account Number is not the same as your A-number. Ensure your mailing address is accurate, and notify the USCIS if it changes, as this is where they will send you mail.

Part 2

Identify the reason why you believe you are subject to the two-year home residency requirement. It’s possible that you are not even subject to this requirement.

Part 3

Part 3 requires you to identify your basis for seeking a J-1 waiver (fear of persecution or exceptional hardship). Explain in detail why you believe you are eligible for a waiver on this basis and include any available evidence with your application. Remember, you don’t need to file Form I-612 if you are applying for a waiver on another basis (a no objection statement, a request by an IGO, or a Conrad Waiver).

Part 4

In Part 4, include information about your spouse and children if you want your J-1 waiver to apply to them as well. If you are claiming exceptional hardship as the basis for your waiver request, it is particularly important to provide citizenship or permanent residency information about your spouse and children.

Part 5

Sign and date Form I-612 yourself (even if someone else prepared it for you), except that a parent or legal guardian can sign on behalf of a minor child. Provide accurate contact details. If an interpreter helped you complete the application, the interpreter must sign the form as well and provide identification and contact details.

Documents Needed to Support Form I-612

Depending on your situation and the specific grounds for your J-1 waiver application, you may need to provide the following supporting documents:

• Your I-94 Arrival/Departure record and your spouse’s if applicable
• Marriage certificate
• Evidence of previous marriage terminations
• Birth certificates for spouse and children
• Alternative birth evidence if birth certificates are unavailable
• Spouse and children’s naturalization certificates or proof of lawful permanent residency, particularly for claims of exceptional hardship
• Detailed financial information regarding you and your spouse’s income and savings for exceptional hardship claims
• Records of entries and exits from the US for you, your spouse, and children
• Copies of Forms DS-2019/IAP-66 for you and your spouse if applicable
• Evidence supporting claims of persecution or exceptional hardship
• Additional documentation specific to your circumstances

Form I-612 should be submitted to USCIS, not the US State Department where the rest of your application is sent. You can file Form I-612 either after submitting your J-1 waiver application to the State Department Waiver Review Division or before filing your J-1 waiver application, with USCIS approval required in the latter case.