Can an Independent J-2 Applicant File Form I-612?
No. Current USCIS Form I-612 instructions specifically state that certain former or independent J-2 spouses and children may not file Form I-612. DOS uses a separate DS-3035 humanitarian IGA procedure for qualifying J-2 cases.
USCIS expressly excludes several J-2 categories
The current I-612 instructions state that J-2 spouses and children of a deceased J-1, J-2 spouses whose marriage to the J-1 has ended, married J-2 children, and J-2 children age 21 or older may not file Form I-612.
I-612 is principally a J-1 waiver form
USCIS describes Form I-612 as available to J-1 exchange visitors seeking waiver based on exceptional hardship or persecution.
DOS supplies the independent J-2 procedure
For the death, divorce, and age-21 situations, DOS instructs the J-2 applicant to use DS-3035 and select Interested Government Agency (non-physician).
Do not confuse humanitarian hardship with the I-612 hardship category
An independent J-2's humanitarian explanation to DOS is not the same statutory procedure as a principal J-1 filing Form I-612 based on exceptional hardship to a U.S. citizen or LPR spouse or child.
Frequently Asked Questions
Can a divorced former J-2 file I-612?
Current USCIS instructions say no.
Can a J-2 child over 21 file I-612?
Current USCIS instructions say no.
What form does DOS direct the independent J-2 to use?
Form DS-3035.
Need Help With a J-1 Waiver?
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