What Can You Do After USCIS Denies Form I-612?
A Form I-612 denial is a USCIS decision, not a DOS recommendation denial. The USCIS decision notice controls whether an appeal or motion is available and how it must be filed, often using Form I-290B when permitted.
The review belongs with USCIS
DOS expressly states that requests to reconsider persecution or exceptional-hardship Form I-612 applications must be made to USCIS.
The decision notice controls
USCIS Form I-290B instructions state that if a decision is appealable, the denial notice will provide instructions for filing the appeal or motion.
A motion to reopen relies on new facts
Under 8 C.F.R. §103.5, a motion to reopen must state new facts and be supported by affidavits or other documentary evidence.
A motion to reconsider challenges the legal analysis
A motion to reconsider must establish that the prior decision incorrectly applied law or policy based on the record that existed at the time of the decision. Published AAO I-612 decisions illustrate both reopening and reconsideration review.
Frequently Asked Questions
Do I ask DOS to reconsider an I-612 denial?
No. DOS directs I-612 reconsideration requests to USCIS.
What is a motion to reopen?
A motion based on new facts supported by affidavits or documentary evidence.
What is a motion to reconsider?
A request showing that the prior decision incorrectly applied law or policy based on the existing record.
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