Form I-212 Immigration Attorney

At Kannan Law we can help you if you are deemed inadmissible

Have you been ordered to leave the United States? You need to understand the consequences of deportation and how you can apply for a waiver to see if authorities may authorize your reentry.

However, there are variables that apply to making reentry possible. You need to be fully aware of the legal conditions and terms, and for this, it’s ideal to seek the advice of a California immigration attorney.

What is inadmissibility by expulsion order?

Inadmissibility by order of removal is a prohibition on a person from reentering the United States for a specified period of time.

The length of the prohibition depends on the circumstances of each case. If you are a foreign national and have been ordered removed from the United States pursuant to Section 212(a)(9)(A)(i) and (ii) of the Immigration and Nationality Act (as added by Section 301 of the Immigration and Nationality Act), you will be prohibited from reentering the United States for a specified period of time, depending on the circumstances of each case:

Five years: This is the length of time you will be inadmissible if you were removed upon arrival in the United States, through summary exclusion, or removal proceedings.
Ten years: This is the length of time the bar will last if you were ordered to leave the country in a deportation hearing, or if you left the United States on your own while a removal order was still pending.
20 years: For any subsequent removal order.

In which cases can inadmissibility be permanent?

If you were convicted of a felony, your inadmissibility to the United States will be permanent (unlimited).

However, in these cases, you must obtain a waiver using Form I-212, even if you were not removed from the United States due to the crime.

What is the I-212 waiver?

The I-212 waiver allows you to request permission to reapply for admission to the United States before the end of the prescribed exclusion period.

The official name of the document is the Application for Permission to Reapply to Enter the United States After Deported or Removed. With it, you can request consent to reapply for admission to the United States and legally return to the country. This consent is known as “permission to reapply.”

If you apply for the I-212 Waiver, you cannot attempt to return to the United States until the Department of Homeland Security has accepted your application, otherwise, you could face lifelong deportation from the United States.

What factors are considered in granting an I-212 waiver?

USCIS evaluates waiver applications under Form I-212 at its discretion. In making its decision, it analyzes the following factors:

The basis for your deportation.
The date of your deportation.
The length of your stay in the United States and your status during that time.
Your family ties and responsibilities in the United States.
Evidence of good moral character.
Your respect for law and order.
Evidence that the person is reformed and rehabilitated.
Hardship caused by your removal.
Whether your services are required in the United States.
Whether you have an approved visa petition.
The absence of negative factors that would affect your reentry.

Negative factors that may affect reentry to the United States:

Moral turpitude, including criminal tendencies and a continuing criminal record.
Repeated violation of immigration and other laws.
Inability to care for oneself.
Poor mental or physical health (unless treatment is needed in the United States).
Lack of family ties in the United States.
Fraudulent marriage to a U.S. citizen.
Illegal employment in the United States.
Lack of skills to obtain labor certification.
Serious violation of immigration laws with no signs of reform.
Other grounds for inadmissibility.

In what cases is the I-212 waiver typically granted?

The I-212 waiver may be granted by USCIS if:

The foreign national is the beneficiary of an approved employment-based or family-based petition.
The petitioner has only been deported once.
The individual has no criminal record.
The petitioner has no record of violating immigration laws.
The individual can demonstrate that their deportation has caused hardship to their family or employer in the United States.

Why do I need a California immigration attorney to file Form I-212?

A California immigration attorney can assist you and evaluate your particular legal case, explain the legal aspects that may be in your favor, and represent you in court.

It can be difficult for any citizen to determine whether you are inadmissible after accumulating unlawful presence in the country. Therefore, it is recommended that you seek legal advice on this matter. If you find yourself in a situation where you need to file Form I-212 or an Application for Permission to Reapply for Admission, you need specialized legal advice.

Consult a California immigration attorney at Kannan Law

Our California immigration attorneys are well-versed in the laws and regulations related to Form I-212 and will help you fully understand your rights and options, as well as help you complete the application correctly.

Each case is unique, and to increase the likelihood of success, an immigration attorney at Kannan Law will assess your individual situation and develop a personalized strategy. This expert can represent you before the United States Citizenship and Immigration Services (USCIS), gather the necessary evidence for your case, prepare you for your USCIS interview, respond to any requests they may make, and even appeal a negative decision.

At Kannan Law, we are your best allies to help you safely navigate the complexities of U.S. immigration laws. Contact us today.

Frequently Asked Questions

What is the difference between Form I-212 and other immigration waivers?

Form I-212 is a specific application to request permission to re-enter after being deported or removed. Unlike other waivers, such as the I-601, which focuses on inadmissibility for reasons such as fraud or unlawful presence, the I-212 is required when there is already a formal order of removal that must be overcome before attempting to legally return to the U.S.

Can I file Form I-212 from outside the United States?

Yes. In most cases, the I-212 application must be filed from outside the country, especially if the removal order has already been executed. Depending on the case, the process may vary depending on whether it is filed from a consulate or through USCIS.

How long does the I-212 waiver approval process take?

Processing time may vary depending on the workload of USCIS or the corresponding consular office, but in general, it can take between 6 and 12 months. Having an attorney properly prepare your application can help avoid delays due to errors or missing documentation.

What happens if my I-212 application is denied?

If your application is denied, in most cases, you have the option to appeal the decision or re-file a new application with additional evidence. Having legal representation is crucial to evaluate the best strategy after a denial.

Can I combine the I-212 application with other immigration processes, such as a family-based or employment-based petition?

Yes. Often, the I-212 application is filed as part of a larger process, such as obtaining an immigrant visa based on a family-based or employment-based petition. It is common for the I-212 to be combined with other applications, such as the I-601, depending on the grounds of inadmissibility applicable to the case.

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