Skip to main content
The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
J-1 Waiver Problems

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.

Reviewed by Peter Messersmith · 2026-09-14

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.

Legal Authorities and Sources

  1. U.S. Department of State — J-1 Waiver Frequently Asked Questions
  2. USCIS — Form I-290B Instructions
  3. 8 C.F.R. §103.5 — Reopening and Reconsideration
  4. USCIS AAO — Form I-612 Motion Decision, January 13, 2022

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.

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.

Contact Us