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

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.

Reviewed by Peter Messersmith · 2026-09-14

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.

Legal Authorities and Sources

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

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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