What is the I-212 waiver?
Foreign nationals that seek a visa to enter the United States, maybe barred from entering due to a prior removal/deportation order.With the I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal, foreign nationals can obtain a waiver (permission) to return to the U.S. after being removed or deported.
What is the general process for the I-212 Waiver?
- The U.S. citizen or Lawful Permanent Resident will submit USCIS Form I-130, Petition for Alien Relative.
- After the I-130 approval, the attorney will contact the National Visa Center (NVC) and submit various documents.
- The NVC will contact the U.S. consulate or embassy abroad in the foreign national’s country to schedule a visa interview.
- The foreign national will arrive a few days to the foreign country to obtain a required immigration physical/exam.
- After the visa interview, the foreign national will receive a letter instructing them to file USCIS Form I-212, because the visa officer determined that they are ineligible for a visa due to inadmissibility reasons.
- The foreign national will file USCIS Form I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal. USCIS will generally take approximately SIX (6) to TWELVE (12) months to adjudicate (make a decision) the waiver application.
- If the I-212 waiver application is approved, the foreign national can reschedule an interview with the U.S. consulate/embassy abroad and obtain a visa.
- In approximately ONE (1) to THREE (3) months after arriving to the U.S., the foreign national will receive his/her Permanent Resident Card (“Green Card”).
In order to reduce the chances of having the waiver application denied and losing over a year (6 months to wait for the first waiver application decision and another 6 months to wait for the second waiver application), we recommend that you hire an experienced immigration attorney that is familiar with the waiver application process.
Why do so many I-212 Waiver cases get denied?
The I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal, requires a showing of “extreme hardship.” Unfortunately, the Immigration and Nationality Act (INA) does not define extreme hardship. For this reason, many people may find the process difficult, since they do not know what to submit as evidence to demonstrate extreme hardship.
As an experienced immigration law attorney, Attorney David Nguyen will write a legal brief describing why you qualify for the I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal. Attorney Nguyen will also use his over TEN (10) years of legal experience to help you compile evidence to demonstrate extreme hardship.
Is it a guarantee that I can return to the U.S. after I obtain an I-212 Waiver?
No. The I-212, Application for Permission to Reapply for Admission to the United States After Deportation or Removal, only forgives a prior removal/deportation order. However, it does not provide a waiver for any other legal grounds under the Immigration and Nationality Act (INA). A person can still be inadmissible for certain criminal history, public charge grounds, etc.
Can I apply for the I-212 Waiver, if I reentered the U.S. after being ordered removed/deported?
No. Foreign nationals that enter or attempt to reenter the U.S. after being ordered removed/deported will become permanently inadmissible. This means that they will have to wait at least TEN (10) years before they can apply for any type of waiver, relief, or permission to enter the U.S.
Hiring an experienced immigration attorney can help you determine if the I-212 Waiver is right for you.
For more information on What is an I-212 Waiver, a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.
To avoid having your case potentially denied, paying additional filing fees for the same application/petition, and/or spending months or years for a decision, please contact our office so we can help you with your case.