I-612: Application for Waiver of the Foreign Residence Requirement

What is a Form I-612?

A Form I-612 is a U.S. Citizenship and Immigration Service form used to request an exemption from the foreign residence requirement of certain nonimmigrant exchange visitors. It applies to J-1 visa holders who are subject to the two-year foreign residence requirement, but who wish to remain in the United States due to exceptional circumstances.

Who is Eligible for Form I-612?

Form I-612, Application for Waiver of the Foreign Residence Requirement under Section 212(e) of the Immigration and Nationality Act, is a form used by certain foreign nationals to apply for a waiver of the two-year foreign residence requirement imposed on exchange visitors. This requirement is part of the Exchange Visitor Program that allows certain foreign nationals to come and participate in exchange visitor programs in the United States. Only certain individuals are eligible for this form, including:

-Nonimmigrants who have been classified as Exchange Visitors under Section 101(a)(15)(J) of the Immigration and Nationality Act or their dependent family members;
-Nonimmigrants who have participated in or who have been selected to participate in an exchange visitor program sponsored by the United States government;
-Nonimmigrants who have obtained an immigrant visa (green card) through their participation in an exchange visitor program;
-Nonimmigrants who are currently subject to the two-year foreign residence requirement but need a waiver to remain in the United States;
-Nonimmigrants who have been found ineligible for a visa or refused admission to the United States based on the two-year foreign residence requirement.

What is the Latest Form I-612 Edition?

The most recent edition of Form I-612 is August 2019.

What are the Required Documents for Form I-612?

1. Proof of financial inability to pay the costs of repatriation.
2. Evidence to show that you are a citizen or national of the United States.
3. Evidence of your current residence in a foreign country.
4. Any available evidence showing that you are unable to obtain an immigrant visa or other form of entry to the U.S.
5. Documentation showing any applicable family ties or special humanitarian factors in the U.S. which could warrant a favorable consideration of your application for an exemption from the foreign residence requirement.
6. Any additional documents as requested by USCIS for the adjudication of your application for a 212(e) waiver based on exceptional circumstances.

How to Submit Form I-612?

1. Prepare the Form I-612 Application for Waiver of the Foreign Residence Requirement.

2. Gather the documents and supporting evidence that is required to accompany the form. This can include copies of passports, birth certificates, and proof of financial support.

3. Fill out the Form I-612 accurately and completely. This includes providing accurate answers to all questions and signing where appropriate.

4. Have your signature notarized if required by the form instructions.

5. Submit the form and accompanying documents to the USCIS address listed in the instructions or to the appropriate Service Center, if indicated in the instructions.

6. Pay any filing fees that are required for submitting a Form I-612 application (for example, a fee for a request for premium processing).

7. Monitor your application status online using your USCIS case number (found on your receipt notice).

What are the Filing Tips for Form I-612?

1. Make sure you have all the information and documents you need to fill out Form I-612 before beginning the application process.

2. Read the instructions on Form I-612 carefully to ensure you fill out all the fields correctly.

3. Complete the form in English and in black ink.

4. Make copies of all supporting documents, such as proof of identity, financial records, and any other documents supporting your application, before submitting them to USCIS.

5. Submit two copies of Form I-612 along with the application fee and supporting documents.

6. Mail your Form I-612 and all supporting documents to the USCIS address specified on the form.

7. Ensure that you include all necessary supporting documents when submitting your application or it may be rejected.

8. Contact USCIS if you haven’t received a response within 90 days of submitting your application.

Are There Special Instructions for Form I-612?

Yes, there are special instructions for Form I-612, which can be found on the U.S. Citizenship and Immigration Services (USCIS) website. The instructions explain how to properly complete the form, who can file the form, what documents must be submitted with the form, and where to submit the form. It is important to read and follow the instructions carefully and completely before submitting the form, as failure to do so may result in your application being delayed or denied.

What is the Form I-612 Fee?

The Form I-612 Fee is a fee charged by the United States Citizenship and Immigration Services (USCIS) for individuals seeking to apply for a waiver of foreign residency requirements in order to become eligible for permanent residence. The fee is currently set at $930.

Can I Apply for Form I-612 Fee Waiver or Reduction?

No. The Form I-612 is an Application for Waiver of the Foreign Residence Requirement and is not used to apply for a fee waiver or reduction. For information on fee waiver or reduction, applicants should refer to the USCIS website.

What is the Form I-612 Processing Time?

It depends on the type of processing and the amount of time the Department of Homeland Security (DHS) needs to review the application. Generally, processing time for Form I-612 applications can take anywhere from one to six months. Because processing times vary, it is important to check with the DHS to get an estimate of when your application will be processed.

Form I-612 Frequently Asked Questions

Q: What is Form I-612?

A: Form I-612 is a form used by certain foreign nationals to apply for a waiver of the two-year foreign residence requirement of the U.S. Department of State’s J-1 visa program. To be eligible, applicants must prove that they would suffer extreme hardship if they were required to return to their home country in order to complete the two-year requirement.

Q: Who is eligible to file Form I-612?

A: To qualify, you must be a foreign national who has held a J-1 visa and successfully completed the activities listed in your J-1 program. You must also demonstrate that returning to your home country in order to fulfill the two-year requirement would cause you extreme hardship.

Q: How do I apply for Form I-612?

A: You must complete an online application form through the USCIS website. You will need to provide evidence of your J-1 status and your eligibility for an extreme hardship waiver. After submitting the application, you will receive an appointment notice once your application has been reviewed and accepted.

Q: What documents do I need to submit with my Form I-612?

A: You must submit evidence of your J-1 visa status, such as your passport, visa, and Form DS-2019 (Certificate of Eligibility). You must also provide proof of your eligibility for the extreme hardship waiver, such as evidence of financial hardship or medical issues that would prevent you from returning to your home country. Finally, you may also be requested to submit additional documents or evidence in support of your claim.

Q: Is there a fee for filing Form I-612?

A: Yes. There is a filing fee for Form I-612. You can find the current filing fee listed on the USCIS website.