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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
J-2 Waivers

What Should an Independent J-2 Humanitarian Waiver Statement Explain?

DOS requires an independently applying J-2 to explain why the J-2 is seeking a waiver, why the J-1 spouse or parent is not applying, and why the circumstances merit special humanitarian consideration.

Reviewed by Peter Messersmith · 2026-09-14

Explain the qualifying event

The statement should clearly identify whether the request arises because of the J-1's death, divorce from the J-1, or the J-2 child reaching age 21.

Explain why the principal is not applying

DOS specifically asks the J-2 to explain why the J-1 spouse or parent is not pursuing a waiver recommendation.

Explain why the case merits humanitarian consideration

The statement should describe the specific circumstances that make continued application of §212(e) particularly compelling or inequitable in the applicant's situation.

Ask DOS to act as the Interested Government Agency

The statement should expressly request that the Department of State act as an Interested Government Agency on the J-2 applicant's behalf.

Legal Authorities and Sources

  1. U.S. Department of State — How to Apply for a J-1 Waiver
  2. U.S. Department of State — J-1 Waiver Frequently Asked Questions
  3. USCIS — Form I-612 Instructions

Frequently Asked Questions

What must the statement explain?

Why the J-2 is applying, why the J-1 is not applying, and why special humanitarian consideration is warranted.

Should the statement mention DOS acting as IGA?

Yes. DOS specifically instructs the applicant to make that request.

Is a brief statement that I was divorced enough?

Divorce establishes a recognized situation, but DOS still requires an explanation of the humanitarian circumstances.

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.

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