I-212 Waiver: Seeking Permission to Re-enter the U.S.

Considering the Complexity of Waivers, Legal Help is Crucial

I-212 waivers are complex and require a strong application. Our experienced immigration attorneys can guide you through the process, gather the most convincing evidence, and draft a persuasive cover letter highlighting your case’s strengths.

Who Needs an I-212 Waiver?

This waiver applies to foreign nationals deemed inadmissible to the U.S. for a set period or permanently. Often, an additional I-601 waiver for inadmissibility is required.

Inadmissible Periods after Removal

US Citizenship and Immigration Services (USCIS) sets these timeframes for reapplying after removal:

• 10 years: Removed after proceedings or departed during a removal order.
• 10 years: Unlawfully present for over a year, re-entered without inspection.
• 5 years: Removed by summary exclusion or upon arrival.
• 20 years: Removed a second time.

The I-212 Waiver: More Than Just Hardship

While hardship is a factor, the I-212 waiver also considers other aspects. A persuasive application with mitigating factors is key, unlike the I-601 waiver which requires a qualifying relative and extreme hardship.

Where to File Your Application

Your attorney can advise on the appropriate location for filing: the consulate issuing your visa or the USCIS office handling your original removal.

Factors Weighed in Granting a Waiver

The decision to grant a waiver is discretionary. An immigration officer considers both positive and negative aspects of your case:

• Reason for Removal
• Number of Removals
• Length of Time in the U.S.
• Immigration Status While in the U.S.
• Family Ties
• Community Involvement
• Moral Character
• Employment Skills
• Criminal History (including rehabilitation efforts)
• Approved Visa Petitions
• Hardship to You or Family if Denied

Red Flags for Denial

Your waiver application is less likely to be approved if the officer believes you:

• Pose a security risk or public burden.
• Lack marketable skills.
• Have a significant criminal history (especially aggravated felonies).
• Lack family ties in the U.S.
• Willfully disregarded immigration laws.

Don’t Go Through This Alone: Get Legal Help

Immigration attorneys can significantly improve your chances of approval by navigating the complex waiver process and building a robust application. Contact us today for a free consultation.