The Timeline of this I-612 Form Application and J-1 Waiver Approval
- Date of application to wave the foreign residence requirements: October 28, 2019
- Date The Department of State received Form I-612 from USCIS: April 07, 2020
- Department of State issued a favorable recommendation on: October 06, 2020
- Date USCIS issued the approval notice: October 22, 2020
I-612 is an application for Waiver of the Foreign Residence Requirement under Section 212(e) of the Immigration and Nationality Act, as Amended. J-1 and J-2 visa holders and their families may use this form to apply for a waiver of the two-year foreign residence requirement.
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 you need to provide the following formal documentation:
- 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).
Along with these documents you will need to produce enough convincing evidence that your departure and two-year permanence in your country of origin would in fact inflict exceptional hardship on the U.S. members of your family.
The Facts about this success story behind this I-612 Hardship Waiver Approval
Like many of our success stories and J-1 Waiver approvals, this was a successful case based on exceptional hardship to wave the two-year foreign residence requirement. In this particular case, our immigration attorneys successfully proved exceptional hardship to the client’s three American children.
The client’s spouse is a resident of the United States on a J-2 Visa who is also subject to home residency requirements. A denial of this waiver would inherently mean that the family would have to return to Egypt for two years.
For this reason, we focused our arguments and were able to successfully prove extreme hardship based on overall country conditions.