Been Removed, Deported, or Living Undocumented But Want a Visa? :The I-212 Waiver and You

U.S. Immigration and Nationality Act law makes persons who have formerly been removed from the U.S. or who left the U.S. during removal proceedings ineligible to apply for a visa to re-enter the U.S. However, the I-212 waiver is used to grant “consent to reapply for admission.” This means that if your I-212 waiver is approved you will be able to apply to enter the U.S. on an immigrant visa, regardless of past removal proceedings. You should be applying or planning to apply for an immigrant visa if you are going to file the I-212 waiver. 

There are 2 different grounds for ineligibility that the I-212 form can be used to overturn. First, the INA (section 212, 9 A) says that you are ineligible for re-entry to the U.S. if you have been the subject of removal proceedings when you previously entered the country. This applies to aliens who were removed at a U.S. port of entry.  If you were removed in this way 1 time, you have 5 years to file the I-212 to get consent for readmission.  If you have been removed at a port of entry more than once, the waiting period to reapply is 20 years since the last removal. This section also includes any alien who has been removed not at a port of entry, or who voluntarily left the U.S. during deportation proceedings. If you were not removed from the U.S. at a port of entry but have still undergone removal proceedings in the past, you must apply for “consent to reapply for admission” using the I-212 in 10 years if removed only once, and 20 years for multiple removals.  The periods of time given are windows of opportunity to file the I-212. You should file the I-212 within these periods of time to gain consent to apply for a visa. If the designated time periods have passed, you are not required to file the I-212 and can apply for a visa following normal procedure. 

 Secondly, the INA (section 212, 9 C) states that any person in the U.S. unlawfully for more than 1 year or who is in the U.S. unlawfully and has a record of previously violating immigration law is inadmissible to the U.S. If you are inadmissible to reapply for your visa because of this section of INA, you cannot file the I-212 while present in the U.S., you must do so from an international location.  You cannot qualify for readmission until you depart the U.S. or before you re-enter. Your application will not be approved if you are still present in the U.S. and are in violation of this inadmissibility. If you are applying for a resident visa, you must be able to prove that you have not been living in the U.S. for 10 years prior if you have been previously removed for living unlawfully in the U.S. 

Although persons who have voluntary left during removal proceedings do need to file the I-212, if you left the country after being ordered by a judge to voluntarily remove yourself, you do not need to file the I-212.  Further, if you were denied entry to the U.S. at the border or a port of entry but did not undergo formal removal proceedings, you do not need to file the I-212. 

If you have been convicted of an aggravated felony, you are considered inadmissible forever. The time of conviction is irrelevant in this instance. Convicted felons may be able to use the I-212 to overturn their ineligibility and reapply for a visa. 

For non-immigrant or temporary visas and border crossing cards, you do not need to file the I-212. You can be granted consent to reapply at a U.S. Consul or with U.S. Customs and Border Protection.  Likewise, some refugees and asylees may be granted consent to reapply in other ways than filing the I-212. There are no specified waiting periods before you can apply for non-immigrant visas and consent is given on a case-by-case basis.