A basic overview of the waiver is provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.
Individuals previously removed from the United States are inadmissible and may not be re-admitted for a certain period of time unless an application is approved giving permission to reapply for admission. This Permission to Reapply for Admission is applied for by submitting a Form I-212 together with the appropriate supporting documentation and a filing fee. If the application is accepted, the individual will be granted what is known as the I-212 waiver.
Individuals who may benefit from the I-212 waiver include:
- Persons previously removed due to an order of removal given by an Immigration Judge.
- Individuals failing to timely depart under an order of voluntary departure issued by an Immigration Judge and whose voluntary departure is changed to an order of removal.
- It should be noted that if an individual does timely depart the U.S. in response to an order of voluntary departure, he or she is not required to apply for the permission to reapply for admission I-212 waiver
- Those who have been subjected to an order of expedited removal as issued by Customs and Border Protection (CBP).
Individuals may apply for an I-212 waiver in conjunction with a nonimmigrant or immigrant visa application. Visa-exempt individuals such as Canadian citizens may also apply for an I-212 waiver. Furthermore, it is often that an applicant seeking permission to reapply for admission will need to file an additional waiver application based on the specific grounds of inadmissibility.
Applications for the I-212 waiver are considered on a case-by-case basis with consideration of all the relevant factors. There are no prerequisites such as a qualifying family member or any specific statutory standards to be met.
Case law has established a list of “all pertinent circumstances relating to the applicant” that are to be considered in determining whether or not an I-212 waiver should be granted. These circumstances include, but are not limited to the following:
- Basis for deportation.
- Recency of deportation.
- Length of residence in the U.S.
- The applicant's moral character.
- The applicant's respect for law and order.
- Evidence of the applicant's reformation and rehabilitation.
- The applicant's familial responsibilities.
- Inadmissibility to the U.S. for other legal reasons.
- Hardship experienced by the applicant and others.
- The applicant's addition to public good if admitted.