Admission After a Prior Deportation
I-212 Waiver for Reapplication for Admission after a prior deportation order: Consent for Re-entry.
A person who is barred from admission due to an order of removal or exclusion under INA 212(a)(9)(i) or (ii) may apply for readmission prior the period of inadmissibility by seeking an I-212 waiver under INA §212(a)(9)(A)(iii).
If an individual has been deported he/she normally will be barred from being re-admitted to the U.S. The amount of time an individual will be barred depends on why an individual was deported. It can range from 5, 10, to 20 years. During the time the individual is barred from re-entering they can file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. However, such permission to reapply does not remove the grounds which led to the alien’s denial of admission to or removal from the United States in the first place. The reason for such denial of admission or removal may lead to another ground of inadmissibility. I-212 application is often done along with an I-601 waiver application. An I-212 waiver alone does not require a qualifying relative or showing extreme hardship, unlike an I-601 waiver. Depending on the facts of the case, this application must be made either at the same consulate that will be issuing the visa or at the U.S. Citizenship and Immigration Services office having jurisdiction over the place of the original deportation. The alien can apply for for permission to reapply for admission prior to departure. Permission to reapply becomes effective only when the foreign national actually departs the U.S.
YOU ARE SEEKING AN ADMISSION DURING A PERIOD OF INADMISSIBILITY SPECIFIED IN YOUR REMOVAL ORDER:
CIRCUMSTANCES OF DEPARTURE
PERIOD DURING WHICH YOU MUST OBTAIN A CONSENT
WHEN TO FILE
|Inadmissible underINA (a)(9)(A)(i)||Expedited removal at Port of Entry (POE)INA235(b)(1)||File I-212 only if you were actually removed. Can apply for for permission to reapply for admission prior to departure||If the time has passed during which you are inadmissible, you do not have to file I-212|
|Removed by court when you were inadmissible arriving alienINA 240|
|Inadmissible underINA (a)(9)(A)(ii)||Can apply for for permission to reapply for admission prior to departure||If the time has passed during which you are inadmissible, you do not have to file I-212|
|INA 212(a)(9)(C)(i)||You entered or attempted to enter without inspection after you have been unlawfully present for more than 1 year*||Permanently inadmissible||You have to be physically residing for 10 years outside of the U.S. before filing I-212||For nonimmigrants 212(d)(3)(A) waiver is available **|
|You entered or attempted to enter without inspection after you had been removed*|
|INA §276||An alien who has been removed from the US and returns to the US unlawfully and without consent to reapply.||Return without consent even with a visa, is unlawful|
*Removal on or after April 1, 1997.
**Non-immigrant waiver is available for foreign nationals removed under INA 212(a)(9)(C)(i) - INA 212(d)(3)(A) .
Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States. Additionally, an approved Form I-212, (Permission to Reapply for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led to it.
Who is not required to file I-212 Form?
- A person who has remained outside of the US for the entire period specified in the order of deportation;
- A person who has departed within specified period under an order of voluntary departure;
- A person who was allowed to withdraw his or her application for admission at the border;
- A person who was refused entry at the border but not formally removed;
- A person who was refused an entry under Visa Waiver Program
There are other ways to waive inadmissibility for certain classes of foreign nationals such as TPS applicants, applicants for T and U visas,
Just as with I-601 waivers, I-212 waivers are discretionary. Factors that the adjudicating officer will be considering include:
(1) The reason of the removal;
(2) The recency of deportation;
(3) Length of residence in the U.S. (if residence was legal);
(4) Moral character;
(5) Respect for law and order;
(6) Evidence of reformation and rehabilitation;
(7) Family responsibilities in the United States;
(8) Inadmissibility to the U.S. under other sections of law;
(9) Hardship involved to you and others;
(10) The need for work (employment) in the U.S.
If you are interested in applying for readmission, contact Immigration Attorney Irina Vinogradsky today!
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...