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

What Should the Form I-612 Persecution Statement Include?

The current Form I-612 requires a signed and dated statement detailing why the applicant cannot return to the country of citizenship, nationality, or last foreign residence because of persecution on account of race, religion, or political opinion.

Reviewed by Peter Messersmith · 2026-09-14

The statement is a required part of the application

The current Form I-612 instructs persecution applicants to attach a statement detailing why they cannot return because they would be subject to persecution on account of race, religion, or political opinion.

Provide a chronological factual history

The statement should identify relevant beliefs, activities, organizations, incidents, threats, arrests, religious history, family political history, U.S.-based activities, and significant changes in country conditions.

Explain the protected-ground nexus

For each claimed threat or incident, explain why the applicant believes the harm occurred or would occur because of race, religion, or political opinion.

Explain why persecution would occur now

The statement should connect the historical record to current risk and identify why the relevant authorities or actors know or would learn about the applicant.

Legal Authorities and Sources

  1. USCIS — Form I-612
  2. USCIS — Form I-612 Instructions
  3. USCIS AAO — INA §212(e) Persecution Decision, February 27, 2025

Frequently Asked Questions

Must the persecution statement be signed?

Yes. The current Form I-612 requires the persecution statement to be signed and dated.

Should the statement explain old incidents?

Yes, when relevant, but it should also explain why those facts create a current risk upon return.

Should the statement reference supporting evidence?

That can help USCIS connect the factual narrative to corroborating records.

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