If you have been deported from the US, that is not automatically a bar to return to the country. Discretionary waivers are provided for in section I-212 of the Immigration and Nationality Act (“INA”). To find out if you qualify for such a waiver under the INA, contact our firm for answers. We are experienced in immigration matters, and we can guide you through the maze of laws that may apply in your case.
I-212 is designated as an “Application for Permission to Reapply for Admission into the United States After Deportation or Removal.” It is the form that is used by individuals who have left the United States as the result of a removal order but would like to return prior to the expiration of the otherwise mandatory period outside the US. If you find yourself in that position, you will need what is known as an “I-212 Waiver.”
In many situations, a person who is deported from the US may be required under the law to wait a set length of time before being allowed to reapply to be admitted. In some cases, the ban on reapplying under various provisions of the INA could last for 5, 10 or even 20 years. I-212 allows you to apply for a waiver of that time period, and hence for an earlier application to return to the US. Very simply, the application asks that the United States government lift the time period for reapplication.