I-212 Waiver

Permission to Reapply for Admission into the United States After Deportation or Removal

Foreign nationals previously removed from the United States may not be able to be admitted into United States for a specific time, unless the foreign national requests permission to reapply for admission and submitting form I-212. The application is often referred to as the I-212 waiver. If approved the I-212 waiver will allow the foreign national to enter the United States with the issuance of a qualifying visa.

Who may benefit from the permission to reapply for admission?

• Foreign nationals previously removed by immigration judge’s order of removal,
• Foreign nationals who failed to timely depart following an order of volunteer departure, or
• Foreign nationals who have been subjected to expedited removal by Customs and Border Protection (CBP).

Many individuals who have been removed from the United States do not need to request permission to reapply for admission into United States. Whether an individual requires permission depends upon the reason for the foreign national’s removal and the length of time since the removal.

Criteria used to determine a Permission to reapply for admission application

Each I-212 waiver application is determined on a case-by-case basis. Each case will look at “all pertinent circumstances” and factors related to the foreign national applicant.  Pertinent factors include:

• Length of residency in the United States,
• basis for removal,
• before nationals respect for law and order,
• the foreign nationals family responsibilities, and
• the United States need for the foreign nationals services.

Are Other Waivers Required?

Oftentimes a foreign national must apply for other waivers in addition to the permission to reapply for admission into United States.  Whether a foreign national requires an additional waiver depend on the unique circumstances of the foreign national’s situation. For example, a foreign national may need an additional waiver if he or she is thought to have misrepresented material facts to the immigration agency.

Where is the I-212 Waiver Filed?

The I-212 waiver, permission to reapply for admission into United States, is filed at one of multiple locations depending on what other waivers or visa applications are being submitted to the immigration agency. In some circumstances the I-212 waiver must be submitted to the US consulate in a foreign national’s home country.  In other situations the I-212 waiver must be submitted to the local district office in which the foreign national was removed from the United States. If applying for an I-212 waiver it is highly suggested that you retain at a knowledgeable immigration attorney as filing the waiver in the wrong location may result in the foreign national’s delayed entrance into United States by many months or even years.

Conclusion

To learn more about the I-212 waiver, please do not hesitate to contact a knowledgeable NYC immigration attorney.