Advanced Persecution Waivers
Can Threats Establish Persecution in a Form I-612 Case?
Threats may be important persecution evidence, but USCIS will examine their source, seriousness, specificity, timing, protected-ground nexus, and whether the record shows the threat remains meaningful today.
Reviewed by Peter Messersmith ·
2026-09-14
Identify the threat precisely
The statement should identify who made the threat, when it occurred, how it was communicated, what was said or done, and why the applicant believes the threat was directed at the applicant.
Establish the protected-ground connection
Explain why the threat was motivated by the applicant's race, religion, or political opinion rather than by a personal dispute, ordinary crime, or another nonqualifying reason.
Corroborate when possible
Messages, letters, police records, witness statements, organizational records, contemporaneous emails, or other evidence can corroborate the threat.
Address current risk
An old threat may have reduced probative value if the record does not show that the source remains interested in the applicant or capable of carrying it out.
Frequently Asked Questions
Can a threat qualify as persecution evidence?
Yes. Its weight depends on seriousness, context, corroboration, and current relevance.
Should threatening messages be preserved?
Yes. Original messages, envelopes, metadata, screenshots, translations, and related records can be important.
Does an old threat prove present danger?
Not necessarily. The applicant should explain why the threat remains relevant today.
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