I-212 Waivers

I-212 Waiver for Reapplication for Admission after a prior deportation order

You can apply to return to the U.S. after a deportation. If you have been deported you normally will be barred from being re-admitted to the U.S. The amount of time you will be barred depends on why you were deported. It can be a bar for 5, 10 or 20 years. During the time you are barred from re-entering you can file an I-212 Waiver for Reapplication. This is often done along with an I-601 waiver application. However, an I-212 waiver alone does not require a qualifying relative or a showing of extreme hardship, unlike an I-601 waiver. Depending on the facts of your case, this application must be made either at the same consulate which will be issuing the visa or at the U.S. Citizenship and Immigration Services office having jurisdiction over the place of the original deportation.

Just as with I-601 waivers, I-212 waivers are discretionary.  Factors to be considered include:

(1) Why you were removed

(2) How long ago you were removed

(3) Length of residence in the U.S. (if residence was legal)

(4) Your moral character

(5) Your respect for law and order

(6) Evidence of reformation and rehabilitation

(7) Your family responsibilities in the United States

(8) Inadmissibility to the U.S. under other sections of law

(9) Hardship involved to you and others

(10) The need for your work (employment) in the U.S.

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