Form I-612 Guide

USCIS evaluates the applicant's claims of exceptional hardship to U.S. citizen or lawful permanent resident family members and the risk of persecution upon return to their home country. A common mismatch occurs when applicants fail to provide sufficient evidence of their relationship to dependents or do not adequately document hardship claims.

• Include a birth certificate or equivalent evidence for U.S. citizen dependents.
• Provide affidavits from U.S. citizens if birth certificates are unavailable.
• Document the relationship between you and your spouse or child with marriage certificates.
• Submit Form I-94 to confirm your status in the U.S.
• Detail any exceptional hardship or persecution in your statement.

• Missing required evidence or documentation, such as proof of U.S. citizenship for dependents.
• Inaccurate or incomplete personal information, including names or dates of birth.
• Failure to sign the application, which will lead to rejection.
• Not providing evidence of hardship or persecution as claimed in the application.

• Complete all sections of the form accurately.
• Provide evidence of U.S. citizenship or lawful permanent resident status of dependents.
• Include a detailed statement of hardship or persecution.
• Submit a copy of Form I-94 if applicable.
• Ensure all documents are legible and properly organized.

• Foreign Residence Requirement

  Gather documents that demonstrate your eligibility for a waiver based on the foreign residence requirement.

• General Instructions

  Follow the instructions carefully to complete your application accurately.

• What Evidence Must You Submit

  Prepare all necessary evidence as outlined in the instructions to support your application.

• Address Change

  Notify USCIS of any address changes within 10 days of moving.

• Processing Information

  Understand the processing times and procedures for your application.

• DHS Privacy Notice

  Review the privacy notice to understand how your information will be used.

• Family Name (Last Name)
• Middle Name
• Given Name (First Name)
• Your Mailing Address
• City or Town
• ZIP Code
• Date of Birth (mm/dd/yyyy)
• Country of Citizenship or Nationality
• Marital Status
• Alien Registration Number (A-Number) (if any)
• USCIS Online Account Number (if any)
• Social Security Number (if any)
• (Under Section 212(e) of the INA, as Amended)
• What Is the Purpose of This Application?
• residence;
• knowledge or skill; or
• Who May File Form I-612?
• Who May Not File Form I-612?
• Dependent of Applicant (Spouse and Unmarried Minor Children)
• the waiver (also called “No Objection”); or

• Evidence of identity (passport, government ID, or USCIS-issued document).
• Evidence of current immigration status or admission/parole.
• Evidence that supports the eligibility category selected.
• Evidence of any required family relationship or sponsorship.
• Evidence supporting the waiver ground and hardship criteria.

• Missing signatures or invalid signatures.
• Submitting original documents when not required.
• Not including required evidence or supporting documents.
• Failing to provide translations for documents in a foreign language.
• Incorrectly filling out the marital status or citizenship fields.

• Situation: An applicant is preparing I-612 and must include all required evidence. Task: They submit a complete packet within a 30-day preparation window. Action: They compile identity records, eligibility evidence, and the filing fee before submitting. Result: The petition is accepted without a request for missing items.
• Situation: A filer is close to a deadline for I-612. Task: They submit within the required 90-day timeline. Action: They finalize the packet and file within the stated window. Result: The case proceeds without a late-filing issue.
• Situation: A petitioner must reference a receipt number. Task: They match the receipt number to the underlying petition. Action: They include the exact receipt number on I-612 and attach the notice copy. Result: USCIS can verify the underlying filing quickly.

• A stamped or typewritten name is not an acceptable signature; only original handwritten signatures are valid.
• All required documents must be submitted; incomplete applications may be rejected, so review your checklist carefully.
• Translations must be certified and signed by the translator, ensuring they are competent to translate the documents.
• You cannot submit original documents unless specifically requested; otherwise, submit photocopies to avoid losing originals.

This guide is built from the official instructions for Form I-612, ensuring that the information is accurate and up-to-date. It provides non-legal advice to help applicants navigate the process effectively.

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