How can we help with I-212 Waiver application?

Melendez Legal is Specialized in Waiver Cases and have proven record of approvals.

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To increase your chance of approval : 

1- We will write both, the qualifying relative hardship letter , and the beneficiary letter for you. (Value at $1000)

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2-We also request an expedite of your case to accelerate the process of your case, if eligible. (Value at $500)

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Call us for a FREE CONSULTATION with an attorney. Don't think, just do it. 

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This article is provided by the USCIS I-212 Waiver Instruction (link below)

https://www.uscis.gov/sites/default/files/document/forms/i-212instr.pdf

The USCIS Form I-212, Application for Waiver of Permission to Reapply for Admission after Deportation or Removal must be filed by aliens declared inadmissible to the United States under Sections 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA). For immigrants who have been deported or removed from the United States, Form I-212 serves as a request for permission from the federal government to seek legal readmission into the country. You cannot return to the United States until the Department of Homeland Security has accepted your I-212 Waiver application. If you do, you could be banned from the US for life.

Although the I-212 Waiver is a type of immigration relief, it is only available to those found inadmissible under sections 212(a)(9)A or 212(A)(9)(C). of the Immigration and Nationality Act. In order for a foreigner to obtain an I-212 Waiver, they must be outside the United States for an extended period of time. If you are unable to enter the country due to another provision of the law, you will need to apply for another form of waiver.

Aliens removed from the United States because of an immigration violation cannot apply for a US visa (whether for immigration or non-immigration purposes) for a specified period of time. Depending on the reasons for an alien's removal, the circumstances surrounding his or her deportation, and the length of unlawful presence, a person may be barred from re-entering the United States for a set amount of time. You may be denied entry to the United States for five, ten, twenty, or indefinitely. An immigration law violation means that the alien must stay outside the United States for a long period of time before attempting to re-enter the country. Since numerous immigration violations result in multiple bans, it is critical to report all crimes, false statements, and claims of fraud that the alien has committed in their past. Review the official documentation you obtained during removal proceedings if you are unsure of the legal provision that led to your exclusion, deportation, or removal from the United States. These documents must state which part of the law is inadmissible. People with an I-212 Waiver can reapply for admission to the United States before their period of inadmissibility (also known as "bar") runs out, giving them a second chance.

Section 212(a)(9)(C) of the Immigration and Nationality Act provides that an alien who enters or attempts to re-enter the United States illegally after having been previously removed from the United States or after accumulating more than one year of illegal residence in the United States will be permanently inadmissible. Even if the alien has a qualifying family, they must wait at least ten years before filing the I-212 Waiver application. Those who entered the United States before April 1, 1997 are exempt from the ban. The IIRIRA protects these aliens by establishing that immigrants who re-entered the United States before April 1, 1997, after removal, they are not barred from re-entering the country permanently. In addition, the permanent prohibition does not apply to immigrants who have accumulated unlawful presence in the United States before April 1, 1997. Check the USCIS website at the following link to find out the amount of the I-212 Waiver and the locations of presentation https://www.uscis.gov/i212#:~:text=%24930.,if%20you%20withdraw%20your%20request .

What is Unlawful Presence?

According to the USCIS website, unlawful presence is the period of time you are in the United States without admission or parole or when you are not on a "Secretary-approved period of stay."

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Bar Explanation (BAR) Permanent (Inadmissibility Scenarios):

When an immigrant enters the United States more than once and accumulates, in each of those visits, a year of illegal entry, the periods of illegal presence of that person are added, which results in a permanent bar (bar).

• Re-entering or attempting to enter the United States illegally after deportation. In that case, you must wait ten years before filing the I-212 Waiver application, even if you are married or have children who are US citizens. When an immigrant enters the United States more than once and accumulates, in each of those visits, a year or more of illegal entry, the periods of illegal presence of that person are added, which results in a permanent bar from the alien re-entered the United States illegally after removal.

If you are permanently inadmissible for this reason, you may request permission to reapply for admission to the United States only if you have resided outside the United States for at least 10 years from the date of your last departure. This permission is called "consent to reapply for admission" to the United States (I-212 Waiver)

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Unlawful Presence and Admissibility Prohibitions

Inadmissibility to the United States depends on how long you spent in the country illegally and the circumstances of your deportation or removal. You can calculate the length of the period of inadmissibility you will face by taking into account the expulsion circumstances listed below:

• Three-year bar: If a non-citizen was denied entry or removed from the United States after accumulating more than 180 days but less than one year of unlawful presence, without going through normal removal proceedings, he or she is subject to a three-year re-entry ban, which begins on the day of his expulsion.

• Ten-year bar: If you leave the United States after accumulating one year or more of unlawful presence during a single stay and are placed in removal proceedings or leave the United States voluntarily, the 10-year bar on re-entry applies.

If you are subject to the 3-year or 10-year unlawful presence bars, you may receive a visa and/or be admitted to the United States if you apply for and receive a Waiver of Inadmissibility. The legal requirements and procedures for applying for a Waiver depend on the immigration benefit you are seeking.

• Permanent Bar: A) If you have been convicted of a felony, you will not be able to reapply for a visa in the future without filing Form I-212. B) If you re-enter or attempt to re-enter the United States without admission or parole after having accumulated more than one year of joint unlawful presence during one or more stays in the United States. You're supposed to be banned.

 

Contact one of the attorneys at the Immigration Waiver Law Firm PC if you are unsure of your specific period of ineligibility.

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What is the Purpose of the I-212 Waiver?

The USCIS website states that if you are inadmissible under section 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA), you must obtain consent to reapply. admission to the United States (consent to reapply) before you can lawfully return to the United States. Immigrants who have been deported, excluded, or removed from the United States are subject to the provisions of Section 212(a)(9)(A) of the Immigration and Nationality Act. I-212 Waiver applications allow an alien removed from the United States to be readmitted to the country before the alien's applicable bar expires. These aliens must apply to re-enter the United States from outside the country. It is not necessary to file the I-212 Waiver if the immigrant remains outside the United States during the entire period of inadmissibility stipulated by the prohibition. Aliens who are barred from entering the United States under section 212(a)(9)(A) and have not yet left the country may file a Form I-212 Waiver before leaving the country if they intend to apply for a immigrant visa. Immigrants inadmissible under section 212(a)(9) may benefit from this privilege (A). Approval of such an application is entirely up to the person submitting it. Once the application is approved, the immigrant must leave the United States and apply for the immigrant visa at a US consulate.

Who can apply for the I-212 Waiver:

To see the full list, visit:

https://www.cbp.gov/travel/international-visitors/admission-forms/form-i-212-application-permission-reapply-admission-united-states-after?language_content_entity=en#:~:text=Form %20I%2D212%20is%20for,reapply%22)%20after%20they%20have%20been

If you are one of the following people, you can file the Form I-212 Waiver from outside the country before applying to enter the US:

1. An alien who has been removed from the United States under section 212(a)(9)(C) of the INA, or who has left the country under a current order of removal and who is now seeking readmission to the United States from out of the country after waiting the necessary period of inadmissibility.

2. Aliens who wish to enter the United States on an immigrant visa, modify their status (adjustment of status), or enter the country as a nonimmigrant may file Form I-212 electronically or at a CBP-designated port of entry. Form I-212 and accompanying documents must be submitted prior to travel.

3. An alien who has been convicted of a felony and who wishes to re-enter the United States or change status to permanent residence may file Form I-212 electronically or at a CBP-designated port of entry. Form I-212 and accompanying documents must be submitted prior to travel.

4. If you are inadmissible under section 212(a)(9)(A) of the INA, but not under section 212(a)(9)(C) of the INA, and you are an applicant for a nonimmigrant visa, you may that you do not have to file Form I-212 to obtain consent to reapply for admission.

 

Depending on the reasons for your removal from the United States, you may be eligible for admission if you can show that you have been outside the country for an extended period of time. You will need to present to the consular officer documentation that supports your claim that you were outside the United States during the prohibited period.

• Three years after the date of departure or removal, if the immigrant was only removed once;

• Ten years after the date of departure or removal if the immigrant was only removed once;

Having a second or subsequent removal, or any time the alien has been convicted of a felony, will trigger a permanent ban.

Inadmissible Under Section 212(a)(9)(C) of the INA:

Certain immigrants who have been found inadmissible due to their unauthorized presence and subsequent immigration violations are subject to section 212(a)(9)(C) of the Immigration and Nationality Act (INA). You should contact the US Embassy or Consulate with jurisdiction over your nonimmigrant visa application. Permanent inadmissibility under this section of the legislation means that you will have to reapply for entry each time you want to enter the United States of America. You must have left the United States and have been outside the country for at least ten years to be applicable. It doesn't matter if you have a close family member who is a US citizen if you are subject to this 10-year bar. The I-212 Waiver Form can be used to request permission to reapply for admission to the United States after a lapse of ten years from your last departure.

Form I-212 cannot be filed if you have been found inadmissible under section 212(a)(9)(C) and have not been physically outside the United States for more than ten years since your last removal. Under the Violence Against Women Act (VAWA), a self-petitioner may be exempt from the I-212 filing requirement.

Before applying to enter the United States, you must file Form I-212 if you are:

1. Inadmissible under section 212(a)(9)(C): You cannot apply for an immigrant visa.

2. An alien who applies for a nonimmigrant visa at a US border post or consulate.

3. Anyone ordered by a federal court to leave the United States under any provision of the Immigration and Nationality Act or any other legislation before, on, or after April 1, 1997.

Criminal Sanctions According to Article 276 of the INA

To see the complete form and instructions, visit the site on page 7:

https://www.uscis.gov/sites/default/files/document/forms/i-212instr.pdf

According to section 276 of the Immigration and Nationality Act, you can face criminal prosecution and imprisonment if you are convicted of:

• have been denied admission

• Have been deported, expelled or removed from the United States or deported; either

• Leaving the United States while a deportation or removal order is in effect

 

And then:

1. You enter the United States or attempt to do so; either

2. You reside in the United States illegally (without reapplying for admission or without permission)

 

You may be subject to legal repercussions if you return to the United States without obtaining formal approval to reapply for entry. If your I-212 has not been approved, you will be denied entry into the United States even if you have a visa. Even if the deadline for filing Form I-212 has passed, you may be held criminally liable if you re-enter the United States illegally after failing to file the Waiver.

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Supporting Documents and Evidence

Please refer to the list below for the documentation you must include in your I-212 Waiver application. If you have any questions about your application, it is best to consult an attorney at the Immigration Waiver Law Firm. Depending on the details of the situation, further documentation may be required.

Here are some examples; however, this list is not exhaustive:

1. Deportation/Removal Legal Proceedings

Include copies of all communication and documentation related to your removal or deportation proceedings and your departure from the United States (if applicable).

2. Close Family Members (Relatives)

For Part 3, items 3a and 3c, you must provide proof of your relationship to any family member of the US citizen. Also proof of the relative's US citizenship. For non-citizens, you must submit the following information:

1. The full name of your relative.;

2. Birth date;

3. Place of birth;

4. The place of entry or admission into the United States of America;

5. The current status of the individual's immigration visa;

6. Immigrant status at the time of admission; Y

7. The alien number (Alien Number), if any.

 

3. If section 212(a)(9)(c) of the INA. says you are inadmissible, you must provide evidence of:

1. Your removal from the United States of America;

2. The day you entered or attempted to re-enter the United States without being accepted or paroled;

3. The date of your most recent departure from the United States; Y

4. Proof that you haven't been back to America in ten years.

 

Also, submit proof of your departure and absence from the United States for at least ten consecutive years to the Department of Homeland Security. The following are examples of possible tests:

1. Passport entry and exit stamps from other countries;

2. The original or a copy of your airline ticket receipt;

3. Registration of residence abroad;

4. The bills of the public services of the domicile abroad that are in your name only;

5. Documentation of your work experience abroad; Y

6. Any other evidence that, in your opinion, demonstrates your departure from the United States.

 

4. Aliens seeking to enter the United States through CBP at a US port of entry must present additional documents.

1. Documentation proving citizenship

2. List all other names you have ever used, and/or biographical information.

Evidence of the use of alternative names (if applicable)

You must include your maiden name on the application if you have ever used a name other than your legal name (if applicable).

If you have had your name legally changed through marriage, divorce, adoption, or citizenship, you must provide copies of those documents with your application.

1. Criminal Background or Crime History

Include copies of your official police records from every country you have lived in or your proof of citizenship or nationality, if you have it, with each application.

They are valid for 15 months from the date they were issued by a foreign police officer. Your I-212 form must include a new official record if your records are more than 15 months old.

For Canadians, the above information can be obtained by submitting your fingerprints on Form C-216C to the Royal Canadian Mounted Police (RCMP). The returned Civil Product and any associated records must be dated and countersigned by the RCMP before they can be submitted with your Form I-212 Waiver.

5. Additional Material to Support Your Application

Your Form I-212 may or may not be approved at our sole discretion. This means that the adjudicator will consider both the positive and negative aspects of your case when deciding whether or not to grant your request. For a positive conclusion, include as much information as possible to show why your application should be accepted. You have to explain why you think the positives of your case outweigh the negatives and why you think they should take precedence. The I-601 Waiver page paragraph "supporting materials" offers more possibilities to improve your statement.

Potentially beneficial aspects include, but are not limited to:

1. Strong family relationships in the United States of America;

2. Hardship of family members who are citizens or lawful permanent residents of the United States, as well as yourself and your employer here;

3. Recovery and reset test;

4. The length of your lawful presence in the United States and the status of your immigration status while you were here;

5. Evidence of respect for the laws of society, as well as high moral character, in addition to family duties or the intention to maintain them;

6. Absence of significant unfavorable or unwanted factors

7. The applicability of a Waiver of Other Grounds of Inadmissibility; Y

8. The probability that you will soon be admitted as a legal permanent resident.

Along with your application, you will need to submit a notarized document stating the reasons why your application should be approved, such as your strong moral character, your ties to the United States, and difficulties your immediate family may experience. Your affidavit must be used in conjunction with the evidence you submitted in your application.

 

Factors that could be considered detrimental include, but are not limited to:

1. Incriminating evidence of poor moral character, such as prior convictions, ongoing illegal activity, or a history of arrests by law enforcement officers;

2. Repeated violations of US immigration regulations and disregard of other laws;

3. The possibility of being charged with a felony

4. Lack of close family ties or difficulties.

5. Obtaining an immigration benefit through a fraudulent marriage to a US citizen;

6. Work in the United States without authorization or a work permit;

7. Failing to meet the minimum qualifications for a position for which a labor certification might be granted; Y

8. There has been no evidence of rehabilitation or reformation in the last three years of the serious immigration violations committed by this individual.

 

The following are examples of evidence that may support your request:

1. There should be evidence to support the claims you make in your affidavits, whether they come from you or someone else, or a detailed explanation of why you can't get that evidence.

2. Evidence of family ties in the United States

3. All your arrests, charges and convictions from all countries in which you have resided; Police report.

4. If it is the case, proof of rehabilitation.

5. Proof that your entry into the United States will not endanger national security or the safety of the public;

6. Health related documents;

7. Previous employment records;

8. It is essential to show that you, your family or yourself would suffer if you were denied entry to the United States; Hardship test.

9. Documentation on the effects of family separation;

10. The expected living conditions for your family in the country where you would have to relocate if your I-212 form is rejected;

Also, any other documentation that can show why you should be allowed or authorized to reapply for entry into the United States.