If you’ve been barred from the United States after a previous deportation or removal and you would like to re-enter within the time that you’ve been barred, you’ll need to apply for permission to reapply for admission. Below are situations that require the I-212 application.
Prior Removal or Deportation INA §212(a)(9)(A)
If you’ve been removed expeditiously or you are subject to an order of removal, you are subject to a bar of 5 years and 10 years respectively. If ordered removed after a second removal hearing, you are barred for 20 years. If there are other underlying grounds of inadmissibility, then an additional waiver application would also be required for those grounds.
Table Summary showing period of time barred after deportation:
|Time Barred||Type of Deportation|
|5 years||After expedited removal or after removal hearing started upon arrival at a U.S. port of entry|
|10 years||After Order of Removal after deportation hearing or if you depart the U.S. while an outstanding removal order is in place.|
|20 years||After second or subsequent order of removal.|
|Permanent||Convicted of an Aggravated Felony as defined by INA section 101(a)(43).|
Illegal entry after a previous removal or unlawful presence of more than one year INA §212(a)(9)(C)
If you’ve been deported or unlawfully present in the U.S. for at least one year, you depart the U.S. and then return again without inspection, you must wait at at least 10 years outside of the United States before applying for permission to reapply for admission. There are only a few exceptions to this rule. It is important to note that this statutory provision is very complex. For example, multiple instances of unlawful presence of a few months each could still be totaled in the aggregate. If the few months in different instances adds up to more than one year, such instances of unlawful presence in the aggregate will trigger this provision.
Eligibility and Application Process
This is not a waiver. You do not need a qualifying relative to apply for permission to reapply. However, the approval of this application depends on the favorable exercise of the officer’s discretion. Apart of convincing the officer that your application should be approved is to show strong family ties in the United States and the effect of your absence on them along with other factors such as:
- The reason for the deportation
- Previous status held in the United States
- Whether there is an approval of an immigrant or non-immigrant petition
- Hardship to relatives left in the United States
- Whether or not your services will be required in the United States
- Your rehabilitation
- Your good moral character
- Your respect for the law
- Whether you are eligible for a waiver of inadmissibility
- The basis of your inadmissibility
On the other hand, the officer will identify reasons to deny the I-212 application. Such negative factors include:
- Continued criminal activity.
- Lack of family ties in the United States.
- Lack of respect for the law, especially in a criminal and immigration context.
- Lack of good moral character
- Lack of skill to support a labor certification.
- Lack of family ties in the United States
- Likelihood that you will become a public charge (meaning to take public or welfare benefits).
It is important to consult an immigration attorney to prepare the waiver. At ST Law, I use my advanced knowledge of the legal requirements as well as my experience with waivers to prepare a good waiver application to increase the chance of success in each case.