I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)
Alert: Pursuant to Federal Regulations, all applications and petitions filed with USCIS must be properly completed, submitted, and executed in accordance with the applicable form instructions. See 8 CFR 103.2(a)(1); 8 CFR 103.2(b)(1). Properly completed forms help ensure that USCIS can verify your identity and eligibility, and will help reduce processing times and burdens on applicants and petitioners. USCIS may reject your Form I-612 if you leave a field blank, unless the field is optional pursuant to the form text or form instructions. Optional fields include those you should complete only if you answered yes to a previous question. You must provide a response to all required questions, even if the response is “none,” “unknown,” or “n/a.” We will reject a Form I-612 that has, for example, an empty field for middle name, for marital status, or for information about a spouse or child.
J-1 and J-2 visas holders and their families may use this form to apply for a waiver of the two-year foreign residence requirement.
Form Details
Dates are listed in mm/dd/yy format.
| If You Are Filing Form I-612 Because Of: | Mail Your Form To: |
|---|---|
| For U.S. Postal Service (USPS): USCIS California Service Center For express or courier delivery: USCIS California Service Center |
| The address listed on the Department of State’s website. |
Don’t forget to sign your form! We will reject and return any unsigned form.
When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.
Please do not submit this checklist with your Form I-612. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.
If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.
Did you provide the following?
- A statement detailing the hardship or persecution that will occur if you return to your country of citizenship or nationality
- Copies of all Forms DS-2019/IAP-66, Certificate of Eligibility for Exchange Visitor Status, for all exchange programs in which you or your spouse participated (if applicable)
- A copy of your Form I-94, Arrival-Departure Record
If you are applying for a waiver of the foreign residence requirement because your departure from the United States would impose exceptional hardship on your U.S. citizen or lawful permanent resident spouse or child, did you provide the following?
- Evidence of your spouse’s or child’s U.S. citizenship or lawful permanent resident status
- Evidence of the relationship between you and your spouse or child
- Evidence of legal termination of all prior marriages for you and your spouse (if applicable)