J-1 Waiver Grounds: Persecution

If an exchange visitor believes that s/he will be persecuted upon his or her return to the home country due to race, religion or political opinion, s/he can apply for a waiver based on this fear of persecution.

Q. How do I apply for a waiver based on my fear of persecution if I must return to my home country?
A. Applications should be made directly to USCIS (formerly INS) on Form I-612.

Q.Can I apply for a waiver based both on my fear of persecution should I return to my home country and the exceptional hardship that my having to return to my home country would cause my family?
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 persecution?
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 application based on fear of persecution was denied by USCIS, can I ask for reconsideration?
A. Yes. Requests to reopen persecution applications are made through USCIS (formerly INS). If USCIS determines that new information warrants reopening of the case, USCIS will forward a new Form I-612 application to the Department of State for its consideration.

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