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

How Do You File a J-1 Persecution Waiver?

A persecution waiver requires Form I-612 with USCIS and a J-1 waiver recommendation case with the Department of State. DOS permits the DS-3035 steps either before the I-612 or after USCIS makes the persecution finding.

Reviewed by Peter Messersmith · 2026-09-14

File Form I-612 with USCIS

The persecution application itself is filed on Form I-612. It should include the signed persecution statement and available supporting evidence.

A DS-3035 waiver recommendation case is also required

DOS permits the DS-3035 Steps 1 and 2 either before the I-612 filing or after USCIS informs DOS that it made a persecution finding.

The DOS fee can be lost if I-612 is unsuccessful

DOS warns that if the applicant completes the DS-3035 steps first, the DOS processing fee is not refunded if USCIS does not make a persecution finding.

Only one DOS waiver basis may be selected

DOS currently states that applicants may apply under only one waiver basis at a time. A persecution case should therefore be filed under the persecution basis rather than simultaneously selecting exceptional hardship or another DOS waiver category.

If USCIS denies the persecution I-612

DOS states that requests to reconsider a persecution I-612 decision must be directed to USCIS. Published I-612 cases also show use of Form I-290B for administrative review where permitted by the USCIS decision.

The denial notice controls the available review procedure and deadline. If new relevant information later supports a different persecution finding, DOS states that the applicant may apply again through USCIS, but a new waiver recommendation application and DOS processing fee may be required.

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
  4. USCIS — Form I-290B, Notice of Appeal or Motion
  5. 8 C.F.R. §103.3
  6. 8 C.F.R. §103.5

Frequently Asked Questions

Do I file I-612 or DS-3035 first?

DOS permits either sequence for a persecution case.

Will DOS refund its fee if USCIS denies persecution?

No. DOS states that the processing fee is not refunded when DS-3035 is filed first and USCIS does not make the required finding.

Can I select persecution and exceptional hardship together on DS-3035?

DOS currently states that only one waiver basis may be used for a waiver recommendation application.

Can I ask DOS to reconsider a USCIS persecution denial?

No. DOS directs requests to reconsider persecution I-612 decisions to USCIS.

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