A person who is barred from admission due to an order of removal or exclusion under INA 212(a)(9)(i) or (ii) may apply for readmission prior the period of inadmissibility by seeking an I-212 waiver under INA §212(a)(9)(A)(iii).
If an individual has been deported he/she normally will be barred from being re-admitted to the U.S. The amount of time an individual will be barred depends on why an individual was deported. It can range from 5, 10, to 20 years. During the time the individual is barred from re-entering they can file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. However, such permission to reapply does not remove the grounds which led to the alien’s denial of admission to or removal from the United States in the first place. The reason for such denial of admission or removal may lead to another ground of inadmissibility. I-212 application is often done along with an I-601 waiver application. An I-212 waiver alone does not require a qualifying relative or showing extreme hardship, unlike an I-601 waiver. Depending on the facts of the case, this application must be made either at the same consulate that will be issuing the visa or at the U.S. Citizenship and Immigration Services office having jurisdiction over the place of the original deportation. The alien can apply for for permission to reapply for admission prior to departure. Permission to reapply becomes effective only when the foreign national actually departs the U.S.
YOU ARE SEEKING AN ADMISSION DURING A PERIOD OF INADMISSIBILITY SPECIFIED IN YOUR REMOVAL ORDER:
APPLICABLE LAW | CIRCUMSTANCES OF DEPARTURE | PERIOD DURING WHICH YOU MUST OBTAIN A CONSENT | WHEN TO FILE | NOTES |
| Inadmissible underINA (a)(9)(A)(i) | Expedited removal at Port of Entry (POE)INA235(b)(1) | - 5 years – removed once
- 20 years, removed twice
- Forever, if convicted of an aggravated felony
| File I-212 only if you were actually removed. Can apply for for permission to reapply for admission prior to departure | If the time has passed during which you are inadmissible, you do not have to file I-212 |
| Removed by court when you were inadmissible arriving alienINA 240 |
| Inadmissible underINA (a)(9)(A)(ii) | - Removed as a deportable alien under INA 240;
- Removed under any other US law;
- Departed the US while an order of removal was outstanding
| - 10 years – removed once
- 20 years, removed twice
- Forever, if convicted of an aggravated felony
| Can apply for for permission to reapply for admission prior to departure | If the time has passed during which you are inadmissible, you do not have to file I-212 |
| INA 212(a)(9)(C)(i) | You entered or attempted to enter without inspection after you have been unlawfully present for more than 1 year* | Permanently inadmissible | You have to be physically residing for 10 years outside of the U.S. before filing I-212 | For nonimmigrants 212(d)(3)(A) waiver is available ** |
| You entered or attempted to enter without inspection after you had been removed* |
| INA §276 | An alien who has been removed from the US and returns to the US unlawfully and without consent to reapply. | | | Return without consent even with a visa, is unlawful |
*Removal on or after April 1, 1997.
**Non-immigrant waiver is available for foreign nationals removed under INA 212(a)(9)(C)(i) - INA 212(d)(3)(A) .
Factors to be considered in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States. Additionally, an approved Form I-212, (Permission to Reapply for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led to it.
Who is not required to file I-212 Form?
- A person who has remained outside of the US for the entire period specified in the order of deportation;
- A person who has departed within specified period under an order of voluntary departure;
- A person who was allowed to withdraw his or her application for admission at the border;
- A person who was refused entry at the border but not formally removed;
- A person who was refused an entry under Visa Waiver Program
There are other ways to waive inadmissibility for certain classes of foreign nationals such as TPS applicants, applicants for T and U visas,
Just as with I-601 waivers, I-212 waivers are discretionary. Factors that the adjudicating officer will be considering include:
(1) The reason of the removal;
(2) The recency of deportation;
(3) Length of residence in the U.S. (if residence was legal);
(4) Moral character;
(5) Respect for law and order;
(6) Evidence of reformation and rehabilitation;
(7) Family responsibilities in the United States;
(8) Inadmissibility to the U.S. under other sections of law;
(9) Hardship involved to you and others;
(10) The need for work (employment) in the U.S.
