Waiver Application Based on the Fear of Persecution
I am a J1 exchange visitor with 2 year home residency requirement. I want to know how to apply for a J1 waiver based on my fear of persecution if I were to return to my home country?
The J1 waiver persecution category is an option if the applicant feels that he or she will be oppressed based on the applicant’s race, religion, or political beliefs. Other factors may include economic hardship, medical, social, psychological, etc.
Due to the subjective nature of these cases, it’s important to look at the case from two angles. The first angle being the effect on the qualifying family members should the J-1 visa holder be forced to return to their home country. The second facet to consider is how the family member would be affected should they have to leave the U.S. with the visa holder.
To obtain a waiver of the J1 2-year home residency requirement based on the fear of persecution, you should apply directly to the USCIS with Form I-612. If your waiver is granted, the USCIS will notify you directly.
The Form I-612 should submitted with documents to support a J1 waiver application based upon a fear of persecution claim that the return to the country of nationality or last foreign residence would subject the applicant to persecution on account of race, religion, or political opinion. If the application is submitted without the information included, USCIS may consider the application for failure to establish the relationship or persecution necessary to be considered for the J1 waiver.
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