I-212 Waiver

Recent News

Success Stories

Clients Comments

I ciuld not resist commenting. Perfectly written! Feel free too suirf to myy web site :: <a href="https://mobxvideos.com/id/gSU8NSM8NA8N" rel="nofollow ugc">mobxvideos.com/id/gSU8NSM8NA8N</a>

Cortez

Hi there, yuup tbis paragtaph iis actually fasidious aand I hav learned lot of things frm iit cojcerning blogging. thanks. Also vksit my web-site <a href="https://swagxxx.com" rel="nofollow ugc">swagxxx</a>

Delores

Hello, I waant tto subscribe forr tis wweb site too take mos recent updates, therewfore where ccan i do it please help. Feell ftee too visit mmy web-site ... <a href="https://dasporno.com" rel="nofollow ugc">xxx site</a>

Elvis

I-212 Waiver (Permission to Reapply for Admission)

What Is an I-212 Waiver

I-212 waiver is a specific type of immigration waiver available to individuals who have been previously removed (deported) from the United States or who have accrued unlawful presence in the country and seek to reenter the United States after their departure.

You need an I-212 Waiver (Permission to Reapply for Admission (I-212 Waiver)) if you are inadmissible under INA 212(a)(9)(A) (i.e., 212a9A), and INA 212(a)(9)(C) (i.e., 212a9C). However, you may not need an I-212 Waiver if you stay outside the US for the required period. 

Do I need an I-212 Waiver?

You may need an I-212 waiver when you have been previously deported or removed from the United States, and you wish to seek permission to reapply for admission. The circumstances that typically require an I-212 waiver include:

  1. Prior Deportation or Removal: If you have been deported or removed from the United States, you generally need an I-212 waiver to seek permission to return.
  2. Grounds of Inadmissibility: When you are subject to certain grounds of inadmissibility under the Immigration and Nationality Act (INA), such as INA Section 212(a)(9)(A) or 212(a)(9)(C), which pertain to reentry bars after deportation or removal.
  3. Reentry After a Period Abroad: If you have been ordered to stay abroad for a specific period before being eligible to reapply for admission (typically 5, 10, or 20 years), you may need an I-212 waiver to seek reentry before that period has passed. Click the related link at the end of this page to find out which bar period applies in your case. 
  4. Aggravated Felony Conviction: In some cases, a conviction for an aggravated felony can create a permanent bar to reentry.   Click the related link at the end of this page to find out if you are subject to permanent bar.

What documents do I need for an I-212 waiver?

When applying for an I-212 waiver (Application for Permission to Reapply for Admission into the US after Deportation or Removal, or departure after unlawful presence over 1 year), you will need to provide various documents and evidence to support your application. The specific documents required may vary based on the circumstances of your case, but here is a general list of documents that are commonly needed:

  1. Form I-212: A completed and signed Form I-212, the application for the waiver.
  2. Cover Letter: A cover letter explaining the reasons for seeking the I-212 waiver, along with a summary of your case.
  3. Evidence of Prior Deportation or Removal or Departure after Unlawful Presence over One Year: Documents that establish the details of your prior deportation or removal, or departure after unlawful presence over one year, such as copies of the deportation or removal orders, airline tickers, passports stamps, documents related to the removal proceedings, and any other relevant records.
  4. Evidence of Time Abroad: If your case involves a required period of time abroad before reapplying for admission (e.g., 5, 10, or 20 years), provide evidence of your time spent outside the United States, such as passport stamps, visas, or other travel records.
  5. Personal Statement: A personal statement or affidavit explaining your situation, the reasons for your deportation, and the compelling factors that support your request for reentry.
  6. Evidence of Ties to the United States: Documentation of your ties to the United States, including family relationships, employment opportunities, educational pursuits, or other relevant factors that demonstrate your connection to the country.
  7. Evidence of Rehabilitation: If your prior deportation or removal was related to criminal convictions, you may need to provide evidence of your rehabilitation, such as certificates of completion of rehabilitation programs, letters of recommendation, or other supporting documents.
  8. Proof of Aggravated Felony: If your case involves an aggravated felony conviction, documents related to the criminal case, court records, and other relevant information regarding the felony should be included.
  9. Supporting Affidavits: Letters of support from family members, friends, or individuals who can vouch for your character and the reasons for your reentry may be helpful.
  10. Any Relevant Legal or Immigration Documents: Copies of any previous immigration applications or documents related to your immigration history, such as visa petitions or waivers.

It is important to note that the specific documents required may vary based on your individual circumstances and the grounds of inadmissibility that apply to your case. Proper documentation and presentation of your case can significantly impact the success of your I-212 waiver application.

What can be compelling reasons for an I-212 waiver?

Compelling reasons for an I-212 waiver (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) are circumstances or justifications that make a strong case for your reentry into the United States, despite your prior deportation or removal. These reasons should demonstrate that granting the waiver is in the best interests of the United States. Here are some examples of compelling reasons:

  1. Family Reunification: Reuniting with immediate family members who are U.S. citizens or lawful permanent residents, such as a spouse, children, or parents, is often considered a compelling reason.
  2. Humanitarian Considerations: Demonstrating a need for medical treatment or care that is only available in the United States can be a compelling factor. This may include your own medical condition or the medical needs of a family member.
  3. Protection of U.S. Citizen Rights: If your reentry is necessary to protect the rights and well-being of U.S. citizens, especially if you are the primary caregiver or provider for a U.S. citizen with special needs, this can be compelling.
  4. Employment and Economic Contributions: If your return can lead to job creation, business investments, or other significant economic contributions to the United States, this is often viewed as compelling.
  5. Community and Public Service: If you are involved in community or public service activities that benefit the United States, and your absence has had a negative impact on those activities, this can be compelling.
  6. Educational Opportunities: If you are pursuing educational opportunities in the United States or your educational advancement can bring substantial benefits to the country, this may be a compelling reason.
  7. Rehabilitation and Demonstrated Character: If you can show evidence of rehabilitation, good moral character, and a commitment to living a law-abiding life, particularly if your prior deportation was related to criminal convictions, this can be compelling.
  8. Protection from Persecution: If you can demonstrate that returning to your home country would place you at risk of persecution, torture, or harm, you may have a compelling asylum claim that is considered in conjunction with the I-212 waiver.
  9. Special Circumstances: Unique or exceptional circumstances, such as being a victim of human trafficking, may be compelling reasons for the waiver.
  10. Evidence of Changed Circumstances: Changes in your personal circumstances, such as compliance with immigration laws, maintaining a clean record, or other positive developments since your deportation, can be compelling.

It’s essential to present a well-documented and persuasive case when seeking an I-212 waiver, including clear and convincing evidence of your compelling reasons. The decision to grant or deny the waiver is discretionary, and it is made on a case-by-case basis. Consulting with an experienced immigration attorney or legal expert is highly recommended to assess your specific situation, gather the necessary evidence, and prepare a strong I-212 waiver application.

Important Links for Related Visas

Please click the links below to learn the details about other waivers.

  1. I-601A Provisional Unlawful Presence Waiver 
  2. 212(h) Waiver ( Waiver of Criminal Grounds of Inadmissibility )
  3. 212(d)(3) Waiver (Nonimmigrant Hranka Waiver)

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance

After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

Leave a Comment

Your email address will not be published. Required fields are marked *