J-1 Waiver Grounds: Exceptional Hardship

If an exchange visitor can demonstrate that his/her departure from the U.S. would cause extreme hardship to his/her United States citizen or lawful permanent resident spouse or child, s/he may apply for a waiver on this basis. Please note that mere separation from family is not considered sufficient to establish exceptional hardship.

Q. How do I apply for a waiver based on the exceptional hardship my American citizen or permanent U.S. resident family members face if I must return to my home country?
A. Applications should be made directly to INS on Form I-612.

Q.Can I apply for a waiver based both on the exceptional hardship that my having to return to my home country would cause my family and my fear of persecution should I return to my home country?
A. No. Persecution claims should never be intertwined with claims of exceptional hardship.

Q. How can I check on the status of my application based on exceptional hardship?
A. You may call 202-663-1600 or check the status online. If additional documentation is necessary, the Waiver Review Division will contact you directly. When a final determination is made, you will be notified. Until you hear from the Waiver Review Office, the status of your case is considered "open." You should therefore make whatever plans you must make regarding employment, life in the U.S. or return to your home country on the assuming that you may or may not be recommended for a waiver.

Q. If my exceptional hardship application was denied by INS, can I ask for reconsideration?
A. Yes. Requests to reopen an exceptional hardship application should be made through INS. If INS determines that new information warrants reopening of the case, INS will forward a new Form I-612 application to the Department of State for its consideration. Back to top.