I-212 Waiver / "Permission to Reapply" After Deportation (2022)

Updated

People who have been deported or ordered removed from the U.S. may not lawfully return to the U.S. for a specified period of time.1 If they wish to do so before that time period is up they must seek a waiver from the U.S. government. This waiver is known as an I-212 waiver or “permission to reapply.”

I-212 waivers are discretionary. This means the government is under no obligation to grant permission for a deported alien to reapply for entry.

Factors that go into the government’s decision include:

  • The applicant’s criminal and immigration history,
  • Evidence of moral character and rehabilitation, and
  • Hardship to family members lawfully present in the United States.

To help you better understand when the U.S. government will approve an I-212 waiver, our California immigration lawyers discuss, below:

  • 1. What is an I-212 waiver?
  • 2. Who must request permission to reapply using an I-212 waiver?
  • 3. Who does not need to apply for an I-212 waiver?
  • 4. What if the time period of my inadmissibility has passed?
  • 5. Can I get an I-212 waiver if I am permanently inadmissible to the U.S.?
  • 6. Do I need an I-212 waiver if I previously left the U.S. voluntarily?
  • 7. How does the government decide whether to grant permission to reapply?
  • 8. Where do I filemycompleted permission to reapply form?
  • 9. How much does an I-212 waiver cost?
  • 10. Is a background check required for permission to reapply?
  • 11. Where can I getan I-212 application form?

I-212 Waiver / "Permission to Reapply" After Deportation (1)

People who have been deported or ordered removed from the U.S., who wish to return prior to their specified wait time, must fill out an I-212 waiver form.

1. What is an I-212 waiver?

An I-212 waiver allows someone who has been deported from the U.S. to apply lawfully for permission to enter before their period of ineligibility is up. The full name of anI-212 waiver is a “Reapplication for Admission After a Prior Deportation Order.”

2. Who must request permission to reapply using an I-212 waiver?

People who have been deported or who left the U.S. on their own after being ordered deported are generally prohibited from returning for the following time periods:

5 years

(Video) Consent to Reapply for Admission - I-212 Waiver: Remedy for INA 212(a)(9)(A) and (C) Bars

  • Anyone ordered deported in an expedited removal proceeding, or
  • Anyone ordered deported in a regular removal proceeding that was initiated upon their arrival in the U.S.

10 years

  • Anyone otherwise deported after a regular immigration hearing, or
  • Anyone who left the United States while an order of removal was outstanding.

20 years

  • Anyone deported or ordered deported a second or subsequent time.

Forever (permanently inadmissible)

  • Anyonedeported for an “aggravated felony,”
  • Anyone who wasunlawfully present in the U.S. for more than one year in the aggregate before beingordered deported,or
  • Anyonewho entered or attempted to enter the U.S. unlawfully after a previous removal order.

3. Who does not need to apply for an I-212 waiver?

Certain people who are or were inadmissible to the U.S. do not need to apply for an I-212 waiver. They include (without limitation):

  • People whose inadmissibility period has expired;
  • People who were refused entry at the border but not formally removed;
  • People who were allowed by a judge to voluntarily depart the United States and who did so on a timely basis; and
  • Certain people who qualify for reliefthrough a program such as:
    • The Nicaraguan Adjustment and Central American Relief Act (NACARA);
    • The Haitian Refugee Immigration Fairness Act of 1998 (HRIFA);
    • “T” or “U” Visas; or
    • The Violence Against Women Act (VAWA).

I-212 Waiver / "Permission to Reapply" After Deportation (2)

People who have remained outside the United States for their entire inadmissibility period do not need an I-212 permission to reapply.

4. What if the time period of my inadmissibility has passed?

People who have remained outside the United States for their entire inadmissibility period do not need an I-212 permission to reapply. They must still return to the U.S. lawfully, however, through a U.S. port-of-entry and in accordance with proper procedures.

Anyone who enters the U.S. without being inspected and properly admitted will once again become inadmissible, even if their original inadmissibility period has expired.

5. Can I get an I-212 waiver if I am permanently inadmissible to the U.S.?

People whoare permanently inadmissible following a deportation can apply for an I-212 waiver if:

  • Theyhave remained outside the U.S. for at least 10 years sincetheirdeparture, or
  • Theyqualify for relief as a refugee or victim of domestic violence under certain U.S. or international programs.

6. Do I need an I-212 waiver if I previously left the U.S. voluntarily?

An alien who left the U.S. by voluntary departure does not need to apply for permission to reapply for admission.

(Video) Immigration News : Waiver of Deportation and for Permanent Punishment | I-212 Waiver

Note that it does not count as voluntary departure if someone left the country on his or her own while under a deportation order or after being served with a Notice to Appear.

7. How does the government decide whether to let mereapply for admission?

I-212 waivers are discretionary (optional).

Factors the government will consider when deciding whether to grant one include:

  • The reason the alien was deported.
  • How long ago the alien was deported.
  • The length of the alien’s lawful residence in the U.S. (if any).
  • The applicant’s moral character and respect for law and order
  • Evidence of reformation and rehabilitation
  • Whether the applicant is inadmissible to the U.S. under other sections of law
  • The applicant’s family responsibilities in the United States
  • Hardship to family members who are lawfully present in the U.S.
  • The need for the applicant to work in the U.S.

8. Where do I filemycompleted permission to reapply form?

The location where an applicant needs to file an I-212 waiver application depends on whether the applicant also requires additional relief — for instance, if the applicant was deported for fraud.

If the applicant is outside of the country and there are no other issues, the applicant will send the application to the U.S. Citizenship and Immigration Services (USCIS) office in the jurisdiction where the original deportation proceedings were held.

Applicants who are ineligible by reason of prior fraud may also need to obtain anI-601 waiver. In such case, both forms should be filed with the U.S. Consulate where the applicant lives.

Visa-exempt applicants can file their I-212 applications with U.S. Customs and Border Protection (“CBP”) at a U.S. Port of Entry (“POE”) or another designated pre-clearance office. CBP will then forward the application to the CBP Admissibility Review Office (“ARO”) for a decision.

9. How much does an I-212 waiver cost?

The current cost to apply for an I-212 waiver is $930.

If biometric services (discussed below) are required, there is an additional fee.

10. Is a background check required for permission to reapply?

USCIS conducts a background and security check in connection with I-212 waiver applications. It includes a search of criminal history records maintained by the Federal Bureau of Investigations (FBI).

Applicants may also be required to appear in-person at the USCIS office or an Application Support Center (ASC) for a brief “biometric” services appointment (approximately 15 minutes, plus any wait time).

(Video) I-212 Waiver Explained | Award-Winning Immigration Lawyers | Margaret W. Wong & Associates

“Biometrics” refers to the use of physiological data to confirm someone’s identity. It includes fingerprints, photographs and an in-person interview signature.

USCIS may or may not require a biometric services appointment for applications filed directly with USCIS. If one is required, the applicant will receive a notice containing the location and date of the appointment as well as fee information.

Applicants who do not file their Form I-212 directly with the USCIS should inquire at the time of filing whether a biometric services appointment is required.

Failure to attend the biometric services appointment, if required, may result in denial of an I-212 application.

11. Where can I getan I-212 application form?

Visit the USCIS website to findthe I-212 Application Formand/orInstructions for Application for Permission to Re-apply for Admission Into the United StatesAfter Deportation or Removal.

Or contact our office for a free consultation to learn how we can help with your I-212 waiver or other immigration matters.

Need a California immigration lawyer? Call us….

If you or someone you know needs help with an immigration matter we invite you to contact us for a free consultation.

Our California criminal and immigration lawyers represent clients throughout the state with visa applications, adjustments of status, and avoiding the consequences of deportable crimesand inadmissible crimes.

Call us or complete the form on this page to speak to an experienced immigration attorney in California.

And if you require assistance with criminal defense or immigration in Nevada, we have offices in Las Vegas and Reno to serve your needs.

Legal references:

  1. Immigration and Nationality Act (“INA”)section 212(a)(9)(A) and(C).
(Video) Waiver for Inadmissibility, Immigration “Forgiveness”

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FAQs

How many years after deported can you return? ›

Which Deportees Face a Ten-Year Ban. If an IJ issued a removal order at the conclusion of your removal hearing in Immigration Court, you may not return to the United States for ten years after your removal or departure.

Can you come back to the US if you were deported? ›

Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban. The exact length of time depends on the facts and circumstances surrounding your deportation.

Can you get a visa if you have been deported? ›

An example of someone entitled to file an I-212 would be a green card holder who received permanent residence through a U.S. citizen spouse and was deported due to having committed a crime. After being deported, the person can submit Form I-212 in connection with an application for a B-2 visitor visa.

Can you come back to the US after voluntary departure? ›

If you take Voluntary Departure, you may be able to return to the U.S. much sooner. take Voluntary Departure, you may be able to apply for a visa to return to the U.S. from your home country, or family members in the U.S. may be able to ask the government to allow you to enter the country legally.

What is the next step after my i-212 is approved? ›

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”).

How do you ask for a pardon after deportation? ›

Using Form I-212 to Request Reentry Following Removal

By filing Form I-212 with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents and a fee, an alien can ask the U.S. government for permission to apply for entry before the required waiting time is complete.

Is there a waiver for deportation? ›

Form I-212 is a waiver request that allows such aliens to seek consent from the United States government to apply for lawful re-admission to the United States after having been deported or removed.

What happens if you come back after being deported? ›

Illegal Re-Entry After Deportation Is An Aggravated Felony

If you have been deported from the United States, and you return--or even attempt to return to the U.S.--without permission to do so, you can be arrested for Illegal Re-Entry After Deportation, 8 U.S.C. Section 1326.

Can I get a pardon after deportation? ›

For immigrants who face deportation because of a past offense, a pardon may be their only protection from exile. For some, a pardon may also clear the path to citizenship. Governors can also use their power to commute, or shorten, a sentence to protect immigrants from deportation.

What is difference between removal and deportation? ›

What is the difference between removal and deportation? There is no difference between removal and deportation. Removal is a newer term for what was deportation proceedings and encompasses inadmissibility and deportability.

How do I ask for forgiveness from immigration? ›

How to Prepare Form I-192. You are asking the U.S. to forgive something that would otherwise bar you from entry. Your Form I-192 should give compelling reasons, backed by strong evidence, so as to convince U.S. immigration officials to grant you such a waiver.

Who qualifies for a 212 h waiver? ›

The INA § 212(h) waiver is available to three categories of aliens: (1) those applying for an immigrant visa abroad through consular processing; (2) those arriving at a designated U.S. port of entry who are applying for admission with an immigrant visa; and (3) those physically present within the United States who are ...

Do deportation orders expire? ›

Deportation orders don't expire, but after a certain number of years you may no longer need a waiver or permission to reapply to return to the USA.

How do immigration know if you overstay your visa? ›

Travel Records

It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.

Who qualifies for voluntary departure? ›

You must: have been physically present in the United States for at least one year prior to the service of the Notice to Appear (the document from the DHS charging you with removability from the U.S.; also called an NTA) have the financial means to post a bond within five days of the judge's order.

How long does it take to get waiver approved? ›

You may need several months to gather all the required information, complete the forms and submit your application. Following your submission, the Admissibility Review Office takes approximately two to three months to process your application.

How long does it take to process I 212? ›

Processing times will range from 60 to 90 days from the day the biometrics are completed.

What does Approved I 212 mean? ›

I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

How long does it take for I-601 waiver to be approved 2022? ›

In terms of processing times, USCIS and DOS are coordinating closely to make sure that the timing of the approval of a provisional unlawful presence waiver application is close to the time of the scheduled immigrant visa interview abroad. Generally, it takes 4 to 6 months to process an I-601A waiver application.

How much does an immigration pardon cost? ›

$930. You may pay the fee with a money order, personal check, or cashier's check. When filing at a USCIS lockbox, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions.

Do you need a qualifying relative for 212 waiver? ›

Unlike an I-601 waiver, the 212 waiver does not require a qualifying relative or proof of extreme hardship. Your application needs to be submitted either at the consulate where the visa will be issued or at the USCIS office that has jurisdiction over the location of the original removal.

What percentage of I 601 waivers are approved? ›

According to recent statistics from the United States Citizenship and Immigration Services (USCIS), the approval rate for I-601 Applications for Waiver of Grounds of Inadmissibility is 79.6%, with denials standing at an average of 20.4%.

Can I expedite 212? ›

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.

Can you fight deportation order? ›

If you have been ordered, removed, deported, or excluded, it may be possible to file an appeal with The Board of Immigration Appeals (BIA) and put a stop to your deportation or removal. You must file this notice within 30 days of the decision by the immigration judge that rendered your removable/deportable.

Can I get a green card if I have a deportation order? ›

This is an outstanding order of deportation for a non-citizen and it makes you ineligible to apply for a green card; you'll need to reopen the case. You will first need to remove the deportation order by applying in the court that issued the order or with the Immigration Service.

What happens to your Social Security number when you get deported? ›

Can A Deported Person Collect Social Security? Unfortunately no, unless you eventually return to the United States as a green card holder, you will not be able to collect security, during the time which you spend outside the United States.

Can I apply for asylum after being deported? ›

If you were previously in the United States but got deported, then came back illegally and want to apply for asylum, you unfortunately cannot do so in any direct fashion. Other, lesser forms of relief might help you, as discussed in this article. Or, you might be able to reopen your deportation case.

What is 10-year cancellation of removal? ›

What does “10-Year Cancellation of Removal” mean? It means that you may be eligible to stop your deportation and get a green card if you meet ALL of these requirements: You've been in the US for more than 10 years without long trips to your home country. Long trips are anything more than three months.

How do I write a pardon letter for immigration? ›

A pardon letter for immigration is written in a business letter format, start with your address and contact information, then add a date and the recipient's address, and write the heading to reflect that your request for a pardon (you should include your name in the heading), salute the addressee, and explain that why ...

Can you file i-212 and i 601 together? ›

You must file Form I-212 together with Form I-601, Application for Waiver of Grounds of Inadmissibility. 1820 E. Skyharbor Circle S. You must file the application either concurrently with your application for adjustment of status (Form I-485), or at any time afterward.

What is final order of deportation? ›

When someone has a final order of deportation they can be deported immediately without ever seeing an immigration judge. In that case, one of the only ways they can remain in the United States is by being granted a stay of removal from U.S. Immigration and Customs Enforcement (ICE).

What is the most common reason for deportation? ›

Some of the most common reasons for deportation are: An individual violates the terms of their immigration status (green card, nonimmigrant visa, etc.) An individual was inadmissible at the time where they entered the country or adjusted their status.

How do I check my deportation status? ›

If you have a deportation or removal case before an Immigration Judge or an appeal or a motion to reopen or reconsider pending before the Board of Immigration Appeals, you can check the status of your case by calling (800) 898-7180.

How many immigration waivers are there? ›

Different Types of Immigration Waivers

I-601A Provisional Waiver. Criminal Conviction Waiver. Misrepresentation or Fraud Waiver. Unlawful Presence Waiver.

Does USCIS know everything about you? ›

USCIS collects biometrics from all applicants for naturalization and sends them to the FBI. From there, the FBI searches its databases to see if you have any criminal background or are otherwise a security threat. By Richard Link, J.D.

What does a waiver mean in immigration? ›

A waiver means that you ask the U.S. government to overlook or forgive the ground of inadmissibility and grant the green card or other benefit despite it.

How much is a 212 waiver? ›

The USCIS government filing fee is $535 for the immediate relative petition. The I-212 waiver filing fee is $930.

What are four different categories of inadmissibility that an applicant can apply to waive? ›

Contents
  • 1.1 Health Related Grounds.
  • 1.2 Criminal and Related Violations.
  • 1.3 Security and Related Violations.
  • 1.4 Illegal Entrants and Immigration Violators.
  • 1.5 Miscellaneous grounds.

Which crimes can be waived to get a US visa or green card? ›

You may be able to get a waiver if you are inadmissible for one of the following: a crime involving moral turpitude (except for murder or torture) two or crimes with a combined sentence of five years or more (except for murder or torture) one offense relating to simple possession of 30 grams or less of marijuana.

What happens after Form I 212 is approved? ›

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”).

Can a deportee return to the US? ›

Following the deportation process, deportees will be unable to re-enter the country for a minimum of five years, with some being unable to enter permanently. The majority of deportees are unable to return for 10 years, but the specific waiting period depends on the circumstances of the deportation.

Can you apply for visa after deportation? ›

Someone who has been removed (deported) from the United States cannot apply for a new immigrant visa, nonimmigrant visa, adjustment of status, or other admission to the United States without facing certain legal restrictions.

What happens if you get deported and come back illegally? ›

Under the U.S. Sentencing Guidelines, people convicted of Illegal Re-Entry After Deportation can expect to serve sentences of incarceration in the U.S. Bureau of Prisons.

Is overstaying a visa a crime? ›

It has been estimated that approximately 40 percent of the illegal immigrants currently in the United States originally came here legally, but are overstaying their visas. Although it is a federal misdemeanor to illegally enter the country, it is not currently a federal crime to overstay a visa.

What happens if you overstay your visa waiver in the US? ›

If the visitor accrues unlawful overstay under the Visa Waiver Program, the visitor will be permanently barred from the program. In order to travel to the United States thereafter, such individuals would have to apply for a visa at the U.S. Embassy and may face with the refusal of their visa application.

Can you come back to the US after voluntary departure? ›

If you take Voluntary Departure, you may be able to return to the U.S. much sooner. take Voluntary Departure, you may be able to apply for a visa to return to the U.S. from your home country, or family members in the U.S. may be able to ask the government to allow you to enter the country legally.

What are the consequences of voluntary departure? ›

A non-citizen who fails to depart the United States within the time period specified in the voluntary departure order becomes subject to civil penalties. You might have to pay a civil monetary penalty of between $1,000 and $5,000.

How long is voluntary departure? ›

Aliens granted voluntary departure usually have 60 or 120 days to leave the U.S., depending on the case. And the alien may need to post a bond prior to exiting the country. In this article, our California immigration law attorneys discuss how non-citizens in California may leave the U.S. without a removal order.

Can I enter UK after 10 years ban? ›

Where a person received a 10-year re-entry ban, they may be refused entry or leave (i.e., if applying for a UK visa after a 10-year ban) even after the ban period is completed if: the Secretary of State personally directed they be excluded from the UK. they received an exclusion order or a deportation order.

Can deported person come back to UK? ›

You may be able to return to the UK after you have been deported; this requires an application to stop a deportation order (i.e. revoke your deportation order). Your request to revoke your immigration deportation order must be put in writing and submitted to the Home Office with a clear justification and evidence.

How long does deportation stay on record UK? ›

How long does a deportation order last for? When somebody has been deported after being convicted and sentenced to a period of imprisonment of less than four years, the Home Office states that an application for leave to enter the UK will only be considered ten years after the date the order was made.

What happens when someone is deported from UK? ›

If you have been deported from the UK at any time, you must apply in writing for a revocation of the Deportation Order, and wait for the outcome of the revocation request before you can travel back to the UK, or before you can apply for an entry clearance application.

What is 20 year rule in immigration? ›

20 Year Rule. The 20-year rule on long residence is contained in paragraphs 276ADE(i) and (iii) of the Immigration Rules. Under the 20 year rule a person does not have to have lived in the UK lawfully. Rather, they must have lived in the UK continuously over a period of 20 years.

Can an overstayer come back to UK? ›

If you don't leave voluntarily within 30 days of your visa or leave expiring, you could be deported. Check what to do if you're going to be deported. If you leave after 30 days, you could be banned from re-entering the UK for between 1 and 10 years.

What is the difference between removal and deportation in UK? ›

Administrative removal is the process by which certain categories of people may be removed from the UK. Usually, individuals are removed from the UK because they breached the immigration law. Deportation involves an entirely distinct legal process and is reserved for those who have committed serious criminal offences.

Does deportation expire? ›

Deportation orders don't expire, but after a certain number of years you may no longer need a waiver or permission to reapply to return to the USA.

Is deportation a civil or criminal matter? ›

Because removal proceedings are considered “civil” rather than “criminal,” courts have found that this protection does not apply—meaning that immigrants cannot challenge orders of deportation for being “cruel and unusual.”45 Without this protection, immigrants who are legally in the United States may be deported for ...

How do I know if I have a 10-year ban? ›

If you accrue 180 days of "unlawful presence" and then leave the US, you have a 3-year ban. If you accrue 1 year of "unlawful presence" and then leave the US, you have a 10-year ban. If you did not stay for 180 days after your I-94 expired before you left, then you couldn't have had this ban.

What is difference between removal and deportation? ›

What is the difference between removal and deportation? There is no difference between removal and deportation. Removal is a newer term for what was deportation proceedings and encompasses inadmissibility and deportability.

How many people does the UK deport? ›

According to the latest official statistics, the number of people deported from the UK in the year to September 2021 was at a record low of 2,380 people. This followed a drop of about 40 percent on deportations from the previous year, which the Home Office partially attributes to the COVID-19 pandemic.

How does immigration know when I leave UK? ›

Contents. The coalition government committed in 2010 to reintroducing exit checks. From 8 April 2015, we will collect information on passengers leaving the UK as we do for those entering. Exit checks will provide us with vital information that confirms a person's exit from the UK.

Can you fight deportation? ›

If you have been ordered, removed, deported, or excluded, it may be possible to file an appeal with The Board of Immigration Appeals (BIA) and put a stop to your deportation or removal. You must file this notice within 30 days of the decision by the immigration judge that rendered your removable/deportable.

What is Stage 2 deportation? ›

The stage 2 letter is called a 'Decision to Refuse a Human Rights claim'. That is usually given to you with a Deportation Order. You should be able to appeal against that decision to the Immigration Tribunal.

How do you lift a deportation order? ›

All foreigners who are still inside the UAE and have been issued a deportation order can appeal to the Public Prosecution to lift and cancel the deportation order. The appeal must include the reason for deportation, and supporting documentation and justifications for lifting and cancelling the deportation order.

Videos

1. I-212 & I-601 Waiver Applications - Success Story | Family Reunited After 10 Years of Separation
(Law Offices of Jacob J. Sapochnick)
2. Can You Apply For U.S. Citizenship After Your I-212 Waiver Is Approved?
(Brad Show Live)
3. I-212 waiver - Entered The US Illegally? Know Your Options If You Are Married to a US Citizen
(Ranchod Law Group)
4. Nonimmigrant Waiver of Inadmissibility will be needed if you are banned for some reason from U.S.
(Brian D. Lerner)
5. What happen after my waiver is approved?
(GreenCardGuysTV by John Ting Immigration Attorney)
6. 212 Waiver is applicable if you want to adjusts your status but have a deportation order
(Natalia V. Porsche Attorney At Law)

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