The I-212 Waiver: A Complete Guide

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Key Takeaways:

Form I-212 allows individuals who have been deported or removed from the US to apply for permission to reapply for admission.
Filing the form does not guarantee admission and it must be submitted to the Department of Homeland Security.
The processing time for Form I-212 is typically 6 to 12 months and a $930 filing fee applies. Proof of extreme hardship may be required.

Imagine finding yourself barred from entering the United States, a land where you might have woven many dreams or have significant ties. Whether it’s due to mistakes made, misunderstandings, or the harsh turns of life’s journey, the reality of deportation can leave those affected feeling distanced and disheartened. However, there’s a beacon of hope in what may seem like a closed chapter. This hope comes in the form of Form I-212—a crucial application that could reopen the door to the U.S. for those who have been removed or deported.

For individuals facing the daunting hurdle of a ban, understanding Form I-212 could be the key to a fresh start. It’s a complex process that requires navigating the intricate framework of U.S. immigration laws. This form is not a magic ticket—it doesn’t guarantee entry back into the States. But for those who have the right reasons and meet the necessary criteria, it represents a chance. A chance to plead their case, to present evidence of change, or to demonstrate the extreme hardships that warrant a second look by the authorities. Let’s delve into the specifics of this application, who needs it, and what it entails as we unpack the lifeline that Form I-212 can be for many.

Understanding Form I-212: A Path to Reapply for U.S. Admission

Overview of Form I-212

Are you seeking to return to the United States after being deported or removed? The Form I-212 is your first step toward reapplying for admission. It is important to understand that while the I-212 application is essential, it doesn’t guarantee your entry into the U.S., but rather gives you the opportunity to apply for it under the discretion of the Department of Homeland Security (DHS).

Filing Requirements and Process

To properly file your Form I-212, follow these guidelines:

Submit your application to DHS.
Understand that approval of Form I-212 does not equate to guaranteed admission into the U.S.; it allows you to apply for entry.
Be prepared to pay a filing fee of $930.
Processing times range from 6 to 12 months; anticipate and plan for this duration.

Understanding Deportation and Inadmissibility

Individuals can face deportation from the U.S. for a variety of reasons, such as criminal activity, immigration law infractions, or failure to adhere to the terms of a visa. Consequences of deportation include a ban from entering the U.S. for a period of 5, 10, or 20 years, and in some cases, the ban is permanent.

Seeking Re-Entry After Deportation

If you have been barred yet believe you meet U.S. visa requirements, you might consider filing an I-212 Waiver. This waiver applies even when you’re classified as inadmissible. It’s important to note that demonstrating extreme hardship to yourself or a U.S. citizen or lawful permanent resident may be necessary.

Filing Form I-212 is a structured process that can lead to a new opportunity to enter the United States lawfully. Ensure you understand the requirements and have all the necessary documentation to increase your chances of obtaining permission to reapply. For official guidance and resources, consult the U.S. Citizenship and Immigration Services (USCIS) website.

Understanding Form I-212

Form I-212, known as the Application for Permission to Reapply for Admission Into the United States After Deportation or Removal, is a document that individuals who have been deported must use if they wish to seek reentry into the U.S. before the period of their banishment ends. If an individual has been deported but meets all other requirements for a U.S. visa, they should use Form I-212 to request permission to reapply.

Key Points About Form I-212:

Filing Requirement: You must file Form I-212 with the Department of Homeland Security. It is imperative to file this form and receive approval before attempting to return to the United States.
No Guarantee of Admission: Filing Form I-212 does not ensure you will be admitted to the United States. It’s simply the first step that allows you to seek admission through other applications, such as adjustments of status, immigrant visas, or nonimmigrant visas.

Eligibility for Form I-212

Individuals who fall under the categories of inadmissibility outlined by sections 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA) are those who need Form I-212. You are eligible to file this form if:

You have been removed from the United States, or
You departed the U.S. voluntarily after an order of removal.

It’s crucial for anyone who requires this form to understand their eligibility and the process involved in seeking reentry to the United States. Form I-212 is an essential step for those who have been deported but believe they meet the requirements to enter the U.S. again.

How to Complete Form I-212

If you have previously been deported or removed from the United States and wish to return, you’ll need to fill out Form I-212: Application for Permission to Reapply for Admission Into the United States After Deportation or Removal. Here’s your step-by-step guide to completing this form.

Where to File Form I-212

Depending on where you are and how you plan to reenter the U.S., you can file Form I-212 with one of the following:

The U.S. Department of State
U.S. Customs and Border Protection (CBP)
U.S. Citizenship and Immigration Services (USCIS)
The Executive Office for Immigration Review

The Filing Process

Firstly, obtain the form for free from the USCIS website. Below is the process you’ll need to follow:

For U.S. Citizens and Lawful Permanent Residents:

File Form I-130, Petition for Alien Relative.

Wait for Petition Approval:

Upon approval, your attorney will contact the National Visa Center (NVC) and submit necessary documents.

Visa Interview Scheduling:

NVC will liaise with the U.S. embassy or consulate in the foreign national’s country to arrange a visa interview.

Medical Examination:

The foreign national visits their country for a few days to undergo a required immigration medical exam.

Post-Interview Instructions:

Following the interview, a letter instructing how to file Form I-212 will be sent.

Filing Form I-212:

Choose the appropriate institution based on your situation and file the Form I-212. USCIS processing can take 6-12 months for a decision.

After Waiver Approval:

If approved, you can reschedule a U.S. embassy or consulate interview to obtain your travel document.

Receiving the Green Card:

Within 1-3 months of entering the U.S., the foreign national will receive their Green Card.

How to Fill Form I-212 Correctly

Now, let’s break down the form’s sections:

Part 1: Personal Information
Provide details such as your full legal name, alien registration number (if applicable), addresses, birthplace, nationality, gender, and more.
Part 2: Reason for Filing
Explain why you’re applying for permission to reapply.
Part 3: Your Request Rationale
Describe your reasons for seeking permission to reapply.
Part 4: Biographic Data
Include biometric details such as height, weight, and eye/hair color.
Part 5: Additional Information for CBP Filings
If filing with CBP, provide extra details like address and employment history.
Part 6: Applicant’s Statement
Include a declaration, certification, your contact details, and your signature.
Part 7: Interpreter Information
Complete this section if an interpreter has been used.
Part 8: Preparer Information
If someone else prepared the form, they must complete this part.
Part 9: Additional Information
Use this section if more space is needed for responses.

For clarity, either type the form or use black ink to print it. Ensure the information is legible and accurate. If a question doesn’t apply to you, and there are no explicit instructions otherwise, type or print “N/A.”

Remember, providing thorough and accurate responses on Form I-212 is crucial for your application, so review all information before submission carefully.

Form I-212 Filing Fee

The cost to file Form I-212 is $930. It’s important for you to understand that this fee is non-refundable, regardless of the outcome of your application.

Timeline for Processing Form I-212

When submitting Form I-212 to the United States Citizenship and Immigration Services (USCIS), anticipate that:

The application processing will likely take a period ranging from 6 months to a full year.
Once your application has been processed, the next step is to arrange an interview at a U.S. embassy or consulate abroad to continue with your visa application.
After completing your interview, if successful, you can expect to receive your Green Card within 1 to 3 months after entering the United States.

To stay informed about any updates or changes regarding Form I-212 processing, you may visit the official USCIS website.

Form I-212 Waiver: Common Questions Answered

Why Are Many I-212 Waiver Applications Denied?

The rejection rate for I-212 waivers is high largely because applicants must demonstrate “extreme hardship,” a requirement that is not explicitly defined in the Immigration and Nationality Act (INA). Without clear guidance on what constitutes “extreme hardship,” applicants often struggle to provide sufficient evidence in their submissions.

Can I Apply for the I-212 Waiver After Re-Entering the U.S. Illegally?

If you have been deported or removed from the U.S. and then re-enter without authorization, you are deemed permanently inadmissible. To be eligible for any form of relief or waiver, you must wait outside the U.S. for at least 10 years.

Does Getting an I-212 Waiver Mean I Will Definitely Be Readmitted to the U.S.?

Obtaining an I-212 waiver does not guarantee your admission to the U.S. It only permits you to apply for admission again. Even with an I-212 waiver, you may still be found inadmissible for other reasons.

Understanding the I-212 Waiver More Clearly

What is the I-212 Waiver?

The I-212 waiver is an application that allows individuals previously removed from the U.S. to request permission to reapply for entry before the mandatory wait period has ended.

Who Requires an I-212 Waiver?

You may need an I-212 waiver if you have been:

Deported or removed from the U.S. and want to come back before the wait time is up.
Barred from re-entering the U.S. due to past removals or illegal presence.

What Makes Someone Eligible for an I-212 Waiver?

To qualify, you must:

Have been deported or removed from the U.S.
Show that your return will not harm U.S. interests.
Satisfy specific conditions tied to your past removal.

Applying for the I-212 Waiver: The Process

You must:

Fill out Form I-212.
Gather documents that support your case for re-admission.
Send your application to the appropriate U.S. immigration authority or consulate.

Factors Considered in I-212 Waiver Approvals

The U.S. Citizenship and Immigration Services (USCIS) evaluates factors such as:

The cause of your initial deportation or removal.
Your duration of residence in the U.S.
Your moral character.
Your family connections within the U.S.
The hardship you and your U.S. relatives might face if the waiver is not approved.

Is Legal Help Needed for the I-212 Waiver?

While you are not obligated to hire a lawyer, because of the complex nature of the process, an immigration attorney could potentially improve your odds of a successful application.

I-212 Waiver Processing Time

The time it takes to process an I-212 waiver can vary. It depends on your specific case and the current workload of USCIS or the consulate reviewing your application.

What If My I-212 Waiver Is Denied?

Should denial occur, an applicant can reapply with additional information or explore other legal solutions if they were not able to convince USCIS of their case based on the eligibility criteria.

Distinguishing Between I-212 and I-601 Waivers

The I-212 waiver is aimed at those who want to reapply for entry after being removed or deported. In contrast, the I-601 waiver is for individuals deemed inadmissible for a visa or entry due to issues like unlawful presence.

Does the I-212 Waiver Assure Re-Entry to the U.S.?

Simply put, no. The I-212 waiver allows you to apply for a visa or entry, but it does not guarantee that you will be allowed back into the U.S. The final decision rests with the visa application or admission process.