Can You Reapply for a J-1 Hardship or Persecution Waiver With New Evidence?
Yes in appropriate circumstances. DOS identifies hardship and persecution as the limited exception to its general no-reconsideration rule when new relevant information may support a different result through USCIS, but a new DOS waiver recommendation application and fee are still required.
Hardship and persecution have a special rule
DOS states that when a hardship or persecution waiver has been denied and new relevant information may produce a different result, the applicant may apply again to USCIS.
The new evidence must matter
The purpose of a later filing is not simply to repeat the same unsuccessful record. The additional information should materially strengthen the required hardship or persecution showing.
A new DOS waiver application is still required
DOS states that the applicant must submit a new waiver recommendation application with the required Steps 1 through 3 documents.
A new DOS processing fee is required
The Department also requires payment of the processing fee again for the new waiver recommendation application.
Frequently Asked Questions
Can I reapply after a hardship denial if I have new evidence?
Potentially yes.
Can I reapply after a persecution denial?
Potentially yes when new relevant information may support a different result.
Do I need another DS-3035 and fee?
Yes. DOS states that a new waiver recommendation application and processing fee are required.
Need Help With a J-1 Waiver?
The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.
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