If you've been previously deported or ordered removed from the United States, you may find that returning is much more difficult. The I-212 waiver offers a solution for individuals who are seeking to re-enter the U.S. after a deportation or removal order. It allows certain individuals to overcome bars to re-entry, such as being banned for a set period of time due to past immigration violations. The I-212 waiver is a critical tool for anyone looking to return to the U.S. and rebuild their life. At Larhdel Law, we specialize in helping clients who face such challenges by guiding them through the I-212 waiver process.

What is the I-212 Waiver?

The I-212 waiver is an application for permission to reapply for admission to the U.S. after deportation or removal. Under U.S. immigration law, if you have been removed from the U.S. or unlawfully present for a significant amount of time, you may face a bar on re-entry for a certain period of time (typically 5, 10, or 20 years). The I-212 waiver allows you to seek permission to enter or remain in the U.S. before the bar expires. This waiver is typically required if you have been previously deported or unlawfully present in the U.S. and are now seeking a visa or Green Card.

Who Needs the I-212 Waiver?

The I-212 waiver is necessary for individuals who have been deported or removed from the U.S. and are seeking to return, whether to join family, work, or permanently reside. You may need an I-212 waiver if:

• You were previously deported or ordered removed from the U.S. and are now seeking re-entry.
• You overstayed your visa and were later deported or removed.
• You violated immigration laws (e.g., illegal entry, unlawful presence) and were subsequently removed from the U.S.
• You are seeking to adjust your status to a lawful permanent resident (Green Card holder) after being unlawfully present or previously deported.

The waiver is generally required when there is a specific bar on re-entry due to past violations. In certain circumstances, individuals who were deported or removed due to criminal issues or other serious violations may also need an I-212 waiver.

When Is an I-212 Waiver Required?

An I-212 waiver is typically needed if you have been deported or removed from the U.S. and are seeking to return before the bar on re-entry expires. These bars typically last:

• 5 years for individuals who were unlawfully present for more than 180 days but less than 1 year.
• 10 years for individuals who were unlawfully present for more than 1 year or were deported for serious immigration violations.
• 20 years for individuals who have been deported for serious criminal or national security violations.

The I-212 waiver allows you to request permission to re-enter the U.S. before the bar period ends. It’s important to note that even if you qualify for the waiver, approval is not guaranteed, and you must demonstrate strong reasons why your case merits consideration.

How to Apply for the I-212 Waiver

1. Determine Your Inadmissibility:

   The first step is to determine the grounds of your inadmissibility. If you were deported or removed, you likely face a bar on re-entry, which the I-212 waiver can address. Understanding the exact details of your case will help in preparing the waiver application.

2. Complete Form I-212:

   Once you've determined your inadmissibility grounds, complete Form I-212, Application for Permission to Reapply for Admission to the U.S. This form asks for information about your deportation or removal, your immigration history, and your request for re-entry.

3. Submit Supporting Documents:

   Provide a variety of supporting documents to strengthen your case, including:

   • Court records or deportation orders (if applicable).
   • Evidence of family ties to the U.S., such as proof of U.S. citizen or lawful permanent resident relatives.
   • Rehabilitation evidence (if your inadmissibility is based on criminal issues).
   • Letters of support from family, friends, or community leaders explaining why you should be granted permission to re-enter the U.S.
4. USCIS Review and Decision:

   Once your application is submitted, USCIS will review it, which can take several months. During this time, they will assess the evidence you provided and make a determination about whether or not to grant the waiver.

5. Final Decision:

   If your waiver is approved, you can move forward with your visa application, Green Card application, or other immigration process. If denied, you may be able to appeal the decision or seek other options to re-enter the U.S.

How Larhdel Law Can Help with the I-212 Waiver Process

• Expert Guidance on Eligibility: We’ll help you determine whether you qualify for the I-212 waiver and guide you through the process step by step.
• Documentation Support: Our experienced attorneys help you gather the necessary supporting documents and ensure that your Form I-212 is filled out completely and correctly.
• Personalized Legal Strategy: We work with you to develop a legal strategy that increases your chances of approval, whether by highlighting family hardship, rehabilitation efforts, or other factors that may support your case.
• Representation at Every Step: From preparing your application to representing you in front of USCIS or at interviews, we ensure that you receive the best possible outcome.

Real-Life Success Stories

• Case 1: Overcoming Deportation Due to Immigration Violations: A client who had overstayed their visa and was deported applied for the I-212 waiver. Larhdel Law assisted in providing strong evidence of family hardship and the client’s role in their community, leading to a successful re-entry.
• Case 2: Addressing Criminal Inadmissibility: A client with a past criminal conviction was seeking to return to the U.S. We helped them provide evidence of rehabilitation and community service, resulting in an approved waiver.
• Case 3: Overcoming the 10-Year Bar: A client faced a 10-year bar after leaving the U.S. voluntarily. We helped them navigate the waiver process and successfully obtained permission for re-entry, allowing them to reunite with family in the U.S.