Phoenix Immigration LawyerI-212 Waiver Attorney in Phoenix

Permission to Reapply to Return to the U.S. after Deportation

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.

What is an I-212 Waiver?

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.

Who is Eligible to File for a Waiver under I-212?

An application for a waiver under I-212 is not available to everyone who has been deported. In addition, in some cases, among them commission of a serious offense, you may need to file for a separate waiver to cover the ground of inadmissibility under which you were originally removed.

An experienced Phoenix immigration lawyer can tell you if your case falls within those which may be covered under I-212. If it is, it will be necessary to furnish whatever information you can gather to attempt to convince the judge to exercise discretion and grant your request to reapply for admission to the country. Material that may be relevant, and which may give you the best chance of having you application approved, include:

  • The documents from your removal proceeding.
  • Evidence that you are and have been an upstanding citizen, and of good moral character.
  • Evidence of your lawful presence (visa, etc.) in the US prior to your removal.
  • Proof, where applicable, that you have reformed your behavior since the order of removal.
  • Evidence that you, your permanent resident relatives or your employer will suffer extreme hardship if you are unable to reenter the US.
  • Proof that you have family members living in the United States.
  • The strong likelihood that you will qualify to become a lawful permanent resident in the not too distant future.
  • The absence of factors that would militate against your becoming a lawful permanent resident.

Your attorney will discuss with you the specific items of proof to be submitted in support of your application for a waiver under I-212. And as mentioned above, you may need to submit, depending upon the facts of your case, additional forms to eliminate other roadblocks to your admission to the US.

4001 N 3rd St. Suite 405, Phoenix, AZ 85012
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Phoenix Attorney for I-212 Waiver

Seeking a waiver of the time to reapply for admission to the United States is a lengthy and complicated process. It is not the type of application where you merely fill in the blanks and move forward. In this case, you are asking a judge to exercise the discretion to allow you to seek entry into the United States at a time when you would ordinarily be barred from doing so.

Because of the nature of the application and the application process, you need an immigration attorney who will be able to identify the facts and the documents necessary to successfully pursue your waiver application. This involves not merely knowledge of the law, but also the experience to know what issues a judge will deem important, the facts that will be required, and how to bring those facts together in a way that will show you in your best light and increase the chances that your waiver application will be granted. Call Castañeda Immigration Law for an honest assessment of your case.

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