Form I-212

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Alien citizens ordered to be removed from the United States of America, pursuant to Section 212(a)(9)(A)(i) and (ii) of the Immigration and National Act (as added per IIRAIRA Section 301) are prohibited from re-entering the United States until a certain prescribed period of time has elapsed:

This duration is five years if the person in question was removed upon arrival in the United States, through summary exclusion, or through removal proceedings.
The exclusion period is ten years for those who had a removal hearing and were later ordered removed, or who left the US on their own while a removal order was still pending. Also, the exclusion can be 20 years for any subsequent withdrawal order.

Aggravated felony

However, you should note that if you are found guilty of a felony, your inadmissibility is forever (unlimited) and you must obtain an I-212 waiver despite the fact that you were not removed from the United States due to the conviction. or felony or that your felony conviction occurred after you had already been removed from the United States.

Trying to re-enter the US

If you are an alien and have been ordered removed after having been unlawfully present in the United States for a period greater than one year, and if you later re-enter the US or attempt to re-enter the US. without going through the proper channels, then your inadmissibility would be permanent. You will then need to apply for an I-212 waiver to obtain permission to reapply for admission, but you can only do so after the 10-year period has elapsed since you last left the United States.

The I-212 Waiver

However, in terms of the I-212 waiver, you may file a request to reapply under INA Section 212(a)(A)((iii) if you wish to return to the United States before the end of the period of exclusion prescribed.

Factors that determine the success of I-212 waiver applications:

USCIS has primary discretion when it comes to evaluating I-212 waivers requesting permission to reapply before the end of the exclusion periods. The following factors are taken into consideration when it comes to determining the granting of permission for early reentry:

The basis on which you were deported
How recently were you deported?
The time you were in the United States at the time of your deportation and the status you had during that time.
If you have or do not have family ties and responsibilities in the United States.
Any evidence of good moral character.
Your respect for law and order.
Any evidence that you are reformed and rehabilitated.
Evidence of hardship to both you and others due to your removal.
If your services are required in the United States.
If you have already obtained an approved immigrant or nonimmigrant visa application.
If there are no significant negative or undesirable factors affecting your readmission.

Negative factors affecting reentry:

If there is evidence of moral turpitude. This includes criminal tendencies and a continuous criminal history.
If you have repeatedly violated immigration and other laws.
If there is a possibility that you cannot take care of yourself.
If you have poor mental or physical health. Keep in mind, however, that if you need to be treated in the US for such a condition, this would actually be taken as a positive factor.
If you do not have family ties in the United States.
If you have been spuriously married to a United States citizen for the purpose of obtaining immigrant benefits.
If you have been illegally unemployed in the US
If you do not have any skills for which labor certification could be issued.
If you are in serious violation of the country’s immigration laws and show no signs of reforming.
Whether there are other grounds for your inadmissibility to the United States.

In general, the I-212 consent to reapply for admission is issued if you, the foreign national, are the beneficiary of an approved employment or family application; if you have only been previously removed from the United States once; if you do not have a criminal record; if you have not violated immigration laws and if you can show that your deportation has caused hardship for your family or employer in the United States.