Application for Permission to Reapply for Admission into the United States after Deportation or Removal
What is an I-212 waiver?
If you have been previously deported (i.e., removed) from the United States, you are deemed “inadmissible” and barred from visa eligibility for a set period of time. “Inadmissible” means an applicant is physically present in the United States, but he or she has not been legally admitted in any status. If you are inadmissible under the Immigration and Nationality Act (“INA”) Section 212(a)(9)(A) or 212(a)(9)(C), you must ask for “consent to reapply” (also called “permission to reapply”) for admission to the United States before you can lawfully return to the United States.
INA Sections 212(a)(9)(A)(i) and (ii) state that noncitizens who have been ordered removed may not be readmitted to the U.S. until they have stayed abroad for 5, 10 or 20 years. In contrast, an aggravated felony conviction creates a permanent bar. Removals also include departing the United States after the time agreed to under a voluntary departure order. During the time an applicant is barred from re-entry, he or she may file an I-212 waiver for reapplication.
In order to be readmitted to the United States with a I-212 waiver, an applicant must submit a Form I-212 along with appropriate supporting documentation and filing fee. An I-212 waiver alone does not require a qualifying relative or a showing of extreme hardship, unlike an I-601 waiver. Who qualifies for the waiver and what needs to be done is highly fact dependent. Instructions for filing a Form I-212 can be found here.
The approval process of an application for consent to reapply is discretionary. This means that in deciding whether to approve or deny your I-212 waiver, an immigration adjudicator will weigh favorable versus unfavorable factors presented in your case. Some factors U.S. Citizenship and Immigration Services (“USCIS”) considers include:
- The circumstances under which an applicant was removed
- The length of time since an applicant was removed
- Length of an applicant’s residency in the United States
- An applicant’s negative or positive moral character
- An applicant’s respect for law and order
- An applicant’s evidence of reformation and rehabilitation
- An applicant’s close family ties in the United States and his or her responsibilities to those family members
- An applicant’s inadmissibility under other sections of the law
- Hardship involved to an applicant and his or her family members or employers in the United States
- The need for an applicant’s services in the United States.
This discretionary process, through which an adjudicator reviews the particular facts of your case and decides whether to approve or deny your I-212 waiver application, makes the assistance of a legal professional all the more impactful.
Why Having an Immigration Attorney is Crucial
The immigration process is complicated, and individuals who attempt to take on immigration law alone have the potential to harm their case. An experienced immigration attorney can guide you through the waiver application process and help you gather the necessary evidence and documentation related to your case. Having an attorney on your side can increase the chances of getting your waiver application approved.
If you or a loved one needs assistance with immigration waivers, our team of experienced immigration lawyers can help. Contact Yekrangi & Associates at (949) 478-4963 for more information about how we can help you with all your immigration needs.