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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
Advanced Persecution Waivers

How Should a Threatening Letter Be Proven in a Form I-612 Case?

A threatening letter or notice can be important evidence, but USCIS can examine who created it, when it was received, how it was preserved, whether the source is identifiable, and whether the document remains relevant to present risk.

Reviewed by Peter Messersmith · 2026-09-14

Preserve the original evidence

Retain the original letter, envelope, electronic transmission, metadata, or other source material when available.

Explain how it was received

Identify who received the communication, the date, the location, how it reached the applicant or family, and whether anyone witnessed its receipt.

Identify the source when possible

Official letterhead, stamps, signatures, contact information, delivery records, or corroborating witnesses may help establish origin and authenticity.

Address present relevance

An old threat should be considered with current country conditions and evidence showing whether the source remains able and inclined to target the applicant.

Legal Authorities and Sources

  1. USCIS AAO — May 18, 2010 J-1 Persecution Decision
  2. USCIS AAO — September 9, 2024 J-1 Persecution Decision
  3. 8 C.F.R. § 212.7(c) — Section 212(e) Waivers
  4. 8 U.S.C. § 1182(e) — Two-Year Foreign Residence Requirement

Frequently Asked Questions

Should the original threatening letter be kept?
Yes, whenever possible.
Can an undated letter be weaker evidence?
Yes. Missing dates or source information can make chronology and current relevance harder to establish.
Is translation required?
Foreign-language evidence should be accompanied by a complete English translation.

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