The United States offers a number of waivers that allow foreign citizens to seek forgiveness for certain factors that prevent them from legally re-entering the country. The waiver you apply for will depend on the reason for inadmissibility. If you were removed or deported from the U.S. and would like to seek permission to reenter, you will need to file an I-212. This waiver is only reserved for certain individuals who were deported or removed. An immigration attorney can help you determine if this waiver is necessary for your successful reentry. If you were deported or removed from the United States, you may be able to ask the government for permission to reapply for entry using an I-212 waiver. Immigration proceeding in the U.S has become convoluted over the years. One simple mistake and the process could take longer than necessary.
The immigration department at The Gonzalez Law Group knows how important it is you get back into the states. That is why we want to be with you from start to finish. Our firm has helped numerous clients like you successfully reenter the United States. You can schedule a time to speak with our attorneys by calling (832) 530-4070 or by submitting your information in the online contact form. The Gonzalez Law Group has 70 years of collective experience assisting clients with immigration issues in communities across Harris County including Houston, Pearland, Channel View, Webster, and many others.
What is an I-212?
According to a report from the U.S Immigration and Customs Enforcement, nearly 4 million people have been deported from the United States since 2009. Deportation doesn’t just impact the individual being deported, but their family left behind in the United States.
When you are deported from the United States, you are prevented from entering the country for a certain period of time depending on the reason for the deportation. Sometimes, though, you need to get back into the U.S. before that time has passed. To do this, you will need to seek permission from the U.S government before you can lawfully reenter the country.
This is called permission to reapply and is done by filing an I-212 waiver. Only individuals found inadmissible under section 212(a)(9)(A) or (C) of the Immigration and Nationality Act are eligible to apply for reentry with an I-212. These waivers are discretionary, and the U.S. government is under no obligation to permit you to reapply for entry.
Factors the U.S government considers when granting an I-212 include:
- Criminal history
- Evidence of rehabilitation and moral behavior
- The hardship of family members lawfully present in the U.S.
If you try to enter the United States after deportation without the consent to reapply, you could face serious consequences. These consequences include reinstatement of your removal order, prosecution in criminal court, or a permanent ban from entering the United States.
I-212 Waiver Requirements
Only certain individuals are eligible to apply for an I-212 waiver. For starters, you must have been deported for the United States. There are many reasons a visa holder could be deported such as a criminal conviction, too much unlawful presence or violating immigration laws.
As mentioned earlier, only those who are found inadmissible under the Immigration and Nationality Act can file an I-212. You will need to file for consent to reapply if any of the following apply:
- Were removed from the United States
- Left the United States on your own after being issued an order of removal
You seek admission or adjustment of status:
- If you have been convicted of an aggravated felony
- Before you are legally able to enter the United States
Why Do You Need an I-212 Waiver?
When you are deported from the United States, you are required to stay outside the country for a certain period. This time depends on the reason for your deportation. Listed below is the amount of time you are barred from reentering the United States based on the reason for deportation.
Five year Bar
- Removed upon arrival to the U.S. This is commonly by the U.S Customs & Border Protection Agency at a port of entry.
- Placed in removal proceedings upon arrival as an arriving alien and an immigration judge ordered your deportation.
Ten year Bar
- Ordered to be removed, other than as an arriving alien.
- Failed to depart from the U.S. in a timely manner under an order of voluntary departure causing the order to be converted into a removal order.
- Willingly left the U.S. before removal proceeding has concluded
- Left the U.S. with an outstanding removal order
Twenty year Bar
- Ordered to be removed from the U.S. more than once
- Conviction of an aggravated felony
- Illegally reentered or attempted to reenter the U.S after more than a year of unlawful presence, or after an order of removal.
Limitations of I-212 Waiver
An I-212 waiver may grant you the opportunity to reapply for re-entry into the United States, but it has its limitations. The wavier only permits you to apply for admission and is not enough to gain lawful admission into the country. If you are granted the waiver, your previous visa status will not be restored. You will be required to apply for a new visa after the I-212 is granted.
The waiver is also not enough if you are inadmissible on other grounds. If other factors result in inadmissibility, you may have to file for other waivers. For example, you acquired too much unlawful presence that results in your inadmissibility. You would have to file a 601A waiver for unlawful presence along with an I-212.
Anytime you are dealing with the United States immigration system; you should have an attorney on your side. The process is too complex, and there is too much room for error to go about it on your own. An immigration attorney can guide you through the process and ensure it goes as smoothly as possible.
Additional Resources for I-212- Readmission after Deportation
I-212 Readmission after Deportation | U.S. Citizenship and Immigration Services– Follow this link to learn more about I-212 waivers. You can gain access to an in-depth instruction form and find out where to file. The information can be found on the U.S Citizenship and Immigration Services website.
Immigration and Nationality Act– Read the section of the INA that governs how long you are barred from entering the United States after deportation. You can also learn about individuals who are ineligible for a visa or admission to the U.S. The act can be read on the U.S. Citizenship and Immigration Services website.
Contact a Harris County Immigration Lawyer
If you are someone you know needs to file an I-212 waiver, you should contact an attorney as soon as possible. Let The Gonzalez Law Group guide you through the complicated immigration process. Our immigration department will do everything in their power to ensure successful reentry into the United States. To schedule a free case consultation call (832) 530-4070. Our firm assist clients with I-212 waivers in communities across Harris County.