What Does 8 C.F.R. §212.7(c)(8) Require in a Persecution Waiver?
8 C.F.R. §212.7(c)(8) requires a persecution waiver application to include a detailed, dated, and signed statement explaining why the applicant believes return would result in persecution based on race, religion, or political opinion.
The statement is mandatory
The regulation requires the persecution claim to be supported by a statement from the applicant.
The statement must be dated and signed
The regulation expressly requires both dating and signature rather than an unsigned narrative prepared solely by another person.
The explanation must be detailed
The applicant must set forth in detail why return would result in persecution.
The regulatory grounds are limited
The regulation mirrors §212(e) by identifying race, religion, and political opinion. It does not import every protected ground available under other humanitarian provisions of immigration law.
Frequently Asked Questions
Must the persecution statement be signed?
Yes.
Must it be detailed?
Yes.
What protected grounds are listed?
Race, religion, and political opinion.
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