What to do when deported from the US? Everything you need to know about the I-212 waiver

What to do when deported from the US? Everything you need to know about the I-212 waiver

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While many people come to the United States within the entire framework of the law, there may be inconveniences during their stay that undermine their ability to remain or seek naturalization. In some cases, it occurs for crimes or minor infractions of state and national laws, but also non-compliance with the terms of a visa.

The consequence is usually the loss of benefits related to legal immigration status within the country and, therefore, of the processes initiated to settle permanently in it. Deportation is the common term for this type of situation. Although with exceptions, in many cases, the possibility of returning to the country and starting the naturalization process in the future is minimal.

Deportation is a very feared scenario, but it is certainly common and often occurs due to ignorance. But this time, the objective is not to be fatalistic but to focus on the legal options that exist to take the immigration project.

A person may have been deported for violating their visa conditions but could still be eligible for a waiver that allows them to re-enter the US. In fact, there is a procedure known as Form I-212 available at the United States Citizenship and Immigration Service (USCIS), and this article focuses on exposing everything you need to know to use it.

What is deportation?

Deportation is the expulsion of a person from a particular place or country under national laws. Although sometimes these terms are used interchangeably, from a more technical point of view, the former applies exclusively to foreigners or immigrants.

The reasons vary. In popular culture, it is often interpreted as a consequence of non-compliance with national policies. However, it can also occur when the legal permit to stay in the receiving country expires or after the authorities review the stay application and determine that the person does not meet its requirements.

Consequences of being deported from the US

Deportation is a well-known term among those who have selected the United States as their immigration destination. If this scenario arises, the consequences vary depending on the reason underlying this decision by the State. But, in general, this makes the person ineligible to apply for a visa or permanent residence in the next five, ten, or twenty years.

A frequently cited situation is that of people who barely arrive in the US and are deported by judicial decisions as part of the review process. In these cases, the inadmissibility is maintained for five years from the exact date of deportation. After that time, you can try to enter again.

There are also those who, after arriving in the US and having entered deportation proceedings, decided to leave the country of their own free will. In these cases, the re-entry ban applies for ten years.

The decision is more rigid when any of these scenarios are repeated. The inadmissibility lasts twenty years when a person has been deported from the US on more than one occasion.

For any of these cases, if the deported person is still inadmissible but meets the US visa requirements, they can request the waiver through Form I-212.

While there is a permanent prohibition when the causes of deportation involve serious crimes, in these cases, the person involved definitively loses the possibility of exemption through Form I-212 and, therefore, the option of applying for a US visa that allows them to be legally in the country.

What is Form I-212?

With what has been said so far, you may already have an initial idea of what Form I-212 is. Its official title is “Application for Permission to Reapply for Admission to the United States After Being Deported or Removed.” This form can be filled out and sent by foreigners who want to reapply for legal entry to the US after being deported.

In general, this request can be submitted by those people who have been deported and are prohibited from re-entry for a certain period, as previously explained. However, they must also meet all the requirements for the visa application in the US since this will give weight to their case at the time of evaluation.

Indeed, it is a hopeful option for those people who still aspire to live in the US and who were deported for reasons beyond their control (including ignorance). However, as experts on immigration issues, we emphasize that it is an application and does not guarantee admission to the country.

Before doing so, the corresponding authorities (in this case, the Department of Homeland Security or DHS) must thoroughly review the case in the framework of an adjustment of status, an immigrant visa, or a nonimmigrant visa.

Based on this, the application does not imply that the person who issued it can return to the US immediately. The prohibition will remain until the DHS has reviewed and approved the form, so it is advisable to maintain appropriate behavior during the wait.

Who needs Form I-212?

But how do you know if a person can opt for this option to reapply for admission to DHS? Well, the profile is described in the US Immigration and Nationality Act (INA), specifically in section 212 (a) (9) (A) or (C).

In summary, the immigrant or nonimmigrant who wants to request the exemption through the form above should have been deported from the country or have left it at will after receiving the corresponding court order.

Required documents

As expected, among the requirements are a series of documents that will vary depending on the status of the person who wants to apply. We can divide them into two groups: nonimmigrants who require a visa to enter the US and nonimmigrants who do not.

It is important to note that this documentation is presented at the US consulate or embassy within the country where the interested party is located. It will be presented at the time of the visa interview, and the other information specified in the form available on the USCIS website.

Nonimmigrants who require a visa to enter the US

Nonimmigrants who require a visa to enter the US must present the information that will validate their departure from the country along with the G-28 form.

Nonimmigrants who do not require a visa to enter the US

In this case, applicants must provide evidence of their citizenship, have biometrics completed by an immigration officer at a designated US point of entry, and also have Form G-28.

Waiting time and prognosis

Once the exemption request is submitted, the estimated waiting time is between 6 and 12 months. If the answer is positive, an interview can be scheduled with the nearest US embassy or consulate in the country where the applicant is located. In this interview, the previous documentation will be provided with the expectation of obtaining the visa to enter the US again. After that, you will be able to consummate said goal.

However, remember that US authorities tend to reject many exemption requests. Of course, deportation is a delicate scenario, and to be re-entered after suffering it, the person involved must prove that they went through extreme hardship that forced or led them to breach the terms of their visa or some other law.

The problem is that the term “extreme hardship” is subject to interpretation by officials, so it is difficult to give examples of those that might apply to increase the chances of success.
For this reason, we recommend always seeking specialized legal advice. Our firm comprises experts in the area of immigration to the US. If you have been deported or know someone who needs help applying for a waiver, click here and contact our team of immigration lawyers in San Diego, California. We will provide you with the most personalized attention possible and always guide you within the framework of the law.