I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal
We can help you file an application for an I-212 waiver for permission to reapply to the U.S.
Schedule a consultation with one of our immigration attorneys.
What is an I-212 waiver?
Foreign nationals who are ineligible to file for admissibility to the U.S. for a certain period of years, or who are deemed permanently inadmissible, may file an application for an I-212 waiver for permission to reapply to the U.S.
The USCIS orders that certain foreign nationals who have been deported or ordered removed may not reapply or be readmitted to the U.S. for these periods of time:
-Ten years if you were ordered removed after removal proceedings or departed while a removal order was outstanding
-Ten years if you were in the U.S. unlawfully for more than one year or were ordered removed and reentered the U.S. without inspection or admission
-Five years if by summary exclusion or by removal exclusions upon your arrival to the U.S.
-Twenty years if you were ordered removed for a second time
The I-212 waiver is another form of visa dependent on hardship to some degree though other factors are also weighed. The issuance of the waiver is largely discretionary and depends on how persuasive your situation is and what mitigating or positive factors your attorney can demonstrate to support your application. Unlike an I-601 waiver, the 212 waiver does not require a qualifying relative or proof of extreme hardship.
What are the eligibility criteria for an I-212 Waiver?
Eligibility criteria include:
-Having been deported or removed from the U.S.
-Demonstrating that your admission to the U.S. would not be detrimental to the country.
-Meeting specific conditions based on your deportation or removal circumstances.
Issuing a 212 waiver is a matter of discretion. An immigration officer will look at the positives and negatives in your individual case to determine whether you are a criminal or will re-offend. The immigration officer will also consider whether you have any convictions and whether you severely disrespected immigration laws while illegally entering or residing in the U.S. Having an approved immigrant or nonimmigrant petition is a substantial positive in your application.
What factors does USCIS consider in approving an I-212 Waiver?
An immigration official will consider the following factors when reviewing your application for a waiver:
-Reason for deportation
-Whether you were only deported once before
-How long you have been in the U.S.
-Your status while in the U.S.
-Family responsibilities
-Evidence of community involvement
-Evidence of sound moral character
-Employment skills
-If you have a criminal history and any evidence of rehabilitation
-Whether you have an approved immigrant or nonimmigrant visa petition
-Hardship to you or relatives if your waiver application is denied
Who needs an I-212 Waiver?
An I-212 waiver is needed by individuals who have been:
-Deported or removed from the U.S. and wish to return before the mandatory waiting period expires.
-Denied re-entry to the U.S. because of previous removals or unlawful presence.
Do you need an I-212 waiver?
Let our experienced immigration attorneys guide you through the I-212 waiver process.
If the officer believes that you will be a burden or public charge, or that you have no marketable skills, a significant criminal history, committed an aggravated felony, no family ties and willfully disregarded the immigration and other laws of the U.S., it is unlikely you will receive a waiver
Frequently Asked Questions
Unfortunately, you cannot return to the U.S. if you try to enter or do it after you were deported or ordered removed. Doing this will make you inadmissible permanently. If you want to apply for any relief or waiver for entering the country, you’ll have to wait at least 10 years.
The I-212 waiver is specifically for individuals seeking permission to reapply for admission after deportation or removal, whereas the I-601 waiver is for those who are ineligible for a visa or admission due to certain grounds of inadmissibility, like unlawful presence.
No, obtaining an I-212 waiver does not guarantee re-entry into the U.S. It only gives you permission to apply for a visa or admission. The final decision depends on the outcome of your visa application or admission process.
We’re here to help you navigate the waiver process with experience and compassion.
