Aliens found inadmissible to the United States based on sections 212(a)(9)(A) or 212(a)(9)(C) of the Immigration and Nationality Act (INA) must file USCIS Form I-212 Application for Permission to Reapply for Admission After Deportation or Removal. Form I-212 is a waiver request that allows such aliens to seek consent from the United States government to apply for lawful re-admission to the United States after having been deported or removed. You may not return to the United States until your I-212 application has been filed with the Department of Homeland Security and is subsequently approved. Failure to do so may result in your permanent inadmissibility from the United States.
The I-212 waiver is only one of many waivers that can provide relief for immigration violations under U.S. immigration law, however, only individuals who have been found inadmissible under sections 212(a)(9)(A) or 212(a)(9)(C) of the Immigration and Nationality Act (INA) may apply for the I-212 waiver. The alien must file the I-212 waiver from outside of the United States and remain abroad for a continuous period of time. If you are inadmissible under another section of the law, you must apply for a different waiver type.
Aliens who have been deported/removed from the United States have committed an immigration violation and are thus inadmissible and barred from seeking a United States visa (immigrant or non-immigrant) for a specified period of time. The period of time an alien is deemed inadmissible or ‘barred’ from seeking re-entry depends on the reason for the alien’s removal, circumstances surrounding their removal, and period of unlawful presence. Individuals may be barred from seeking admission to the United States for five, ten, twenty years, or indefinitely. This means that as a result of the immigration violation committed, the alien is required to remain abroad for a continuous period of time as required by the bar before seeking re-admission. Multiple immigration violations constitute multiple bars therefore it is important to fully disclose all crimes, misrepresentations, or fraud claims in the alien’s immigration history. If you do not know the provision of law that was the basis of your exclusion, deportation, or removal from the United States, review the official documents you received during your removal proceedings. These documents should specify under what section of the law you have been found inadmissible. The I-212 waiver allows certain aliens to seek permission to re-apply for admission to the United States before their period of inadmissibility has been reached (otherwise known as a ‘bar’).
Aliens who enter or attempt to re-enter the United States unlawfully after having been previously ordered removed from the United States or after having accrued more than one year of unlawful presence in the United States, will become permanently inadmissible under section 212(a)(9)(C) of the Immigration and Nationality Act. Individuals who fall under this category will be required to wait until at least 10 years have passed from their date of removal or last departure before filing the I-212 request, even if the alien possesses a qualifying relative. Exceptions exist for aliens who entered the United States prior to April 1, 1997. Such aliens are protected by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) which stipulates that aliens who re-entered the United States prior to April 1, 1997 following their removal are not subject to the permanent bar. Additionally, aliens who have accrued unlawful presence prior to April 1, 1997 are immune from the permanent bar. For information about the current I-212 filing fee and direct filing addresses please visit the USCIS webpage for additional instructions and eligibility.
Guide to Periods of Inadmissibility
The number of years you are found inadmissible following your deportation/removal from the United States depends on the period of unlawful presence you have accrued and the circumstances surrounding your removal. The following removal scenarios may help you determine the inadmissibility period you are facing:
- Five-Year Bar: If you were removed upon arrival to the U.S. (expedited removal) or were placed in proceedings upon arrival and then ordered removed by immigration judge, you are subject to the five-year bar on reentry, from the date of your removal (single offense);
- Ten-Year Bar: If you entered the U.S. and were later placed in removal proceedings, or if you left the U.S. willingly but before removal proceedings were concluded, you are subject to the ten-year bar on reentry, from the date of your removal (single offense);
- Twenty-Year Bar: If you have been removed from the U.S. on more than one occasion, you are subject to the 20-year bar on reentry, from the date of removal (multiple offense);
- Permanent Bar: If you were convicted of an aggravated felony, you are permanently inadmissible and forever barred from reapplying for a visa without filing Form I-212. If you are permanently barred under Section 212(a)(9)(C) of the Immigration and Nationality Act (I.N.A.), because you aggregated one year's unlawful stay in the U.S. and left, or you were ordered removed from the U.S, and then you attempted to reenter illegally, you must wait ten years before filing Form I-212 even if you are married to a United States citizen or have citizen children.
If you are unsure of which period of inadmissibility applies to you, it is best for you to seek professional guidance.
What does it mean for unlawful presence to be counted in the aggregate?
An individual’s period of unlawful presence is counted in the aggregate when an alien has entered the United States multiple times and has accrued one year of unlawful presence during those multiple stays, thus resulting in a permanent bar.
Common scenarios that can land you with a permanent bar 212(a)(9)(C)
Multiple Immigration Violations:
The first scenario is usually similar to this: the alien had been previously deported from the U.S. and then entered or attempted to enter the U.S. illegally. Then the alien marries a U.S. citizen during their stay. The U.S. citizen comes to our office to inquire about the immigration process for the non-citizen spouse and to determine whether there are any issues associated with the alien spouse’s prior immigration violations. There are several issues here. The alien has committed multiple immigration violations, in this case both the 212(a)(9(A) and (C). Since the alien re-entered the United States illegally following their removal, the alien is now subject to the permanent bar which requires the alien to wait at least10 years from the date of their departure or removal from the United States to be eligible to apply for the I-212 waiver. If the alien had filed a I-212 waiver before entering the United States following their deportation or removal, the 10 year rule would not apply, but the alien would still need to depart the United States to obtain an immigrant visa through a US consulate abroad.
Another common situation: an alien has been unlawfully present in the U.S. for more than 1 year, then departs the U.S. for frivolous or personal reasons, and enters or attempts to enter the U.S. illegally. Then that alien marries a U.S. citizen and tries to lawfully immigrate into the U.S.. The same situation applies, unless the alien re-entered or accrued the unlawful presence before April 1, 1997, in which case the alien would not be subject to the permanent bar according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
What is 212(a)(9)(A) of the INA?
Section 212(a)(9)(A) is a section of the Immigration and Nationality Act (INA) applicable to certain aliens seeking admission to the United States following their exclusion, removal, or deportation from the United States. The purpose of the I-212 request is to allow an alien previously removed, to be re-admitted to the United States before the alien’s corresponding period of inadmissibility (bar) has passed. Such aliens must seek re-admission to the United States from abroad. If the alien remained outside of the United States during the entire period of inadmissibility required by the bar, filing of the I-212 is no longer necessary.
Special Provision: Aliens inadmissible under section 212(a)(9)(A) who have an outstanding order of removal, and have not yet departed the United States, may file Form I-212 before departing the United States, if they plan to apply for an immigrant visa abroad. This privilege is only available to aliens found inadmissible under section 212(a)(9)(A). The decision to approve such a request is discretionary. Once approved, consent to reapply is conditional upon the alien’s departure from the United States.
Section 212(a)(9)(A) of the Immigration and Nationality Act renders the following aliens inadmissible:
(9)(A) Certain aliens previously removed. - (i) Arriving aliens. -Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) … (ii) Other aliens. -Any alien not described in clause (i) who- (I) has been ordered removed under section 240 or any other provision of law, or (II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) …
(i) Arriving aliens. -Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) …
(ii) Other aliens. -Any alien not described in clause (i) who-
(I) has been ordered removed under section 240 or any other provision of law, or
(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) …
Who can file Form I-212 under INA 212(a)(9)(A)?
You may file Form I-212 from abroad before seeking admission to the United States if you are an:
- Alien who was either a) removed from the United States or b) departed the United States with an outstanding order of removal, and are now seeking re-admission to the United States from abroad, before your required period of inadmissibility has been reached;
- Alien seeking either an immigrant visa, adjustment of status under INA section 245, or admission as a nonimmigrant through a US Consulate or designated US port of entry;
- Alien convicted of an aggravated felony seeking either re-admission to the United States or adjustment of status to permanent residence;
You may obtain consent to apply for admission to the United States having demonstrated that you have remained outside of the United States for a continuous period of time, depending on the reason for your removal:
- 5 years from the date of departure or removal, if the alien was removed only once;
- 10 years from the date of departure or removal, if the alien was removed only once;
- 20 years from the date of departure or removal in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony;
What is 212(a)(9)(C) of the INA?
Section 212(a)(9)(C) is a section of the Immigration and Nationality Act (INA) applicable to certain aliens who have been found inadmissible based on their unlawful presence and subsequent immigration violations. If you have been found inadmissible under this section of the law, you will remain permanently inadmissible and will be required to apply for consent to reapply for admission every time you seek admission to the United States. To apply, you must depart the United States and remain outside of the country for at least 10 years from the date of your last departure. This 10-year bar is required regardless of whether you have an immediate relative who is a United States citizen. Once 10 years have passed since your date of last departure you may file Form I-212 to seek consent to reapply for admission to the United States.
Section 212(a)(9)(C) of the INA applies to:
- Aliens who have been unlawfully present in the United States for an aggregate period of more than 1 year;
- Aliens who have been ordered removed under INA 235(b)(1) or 240, or other provisions of the law applying to aliens entering or attempting to reenter the United States;
If you have been found inadmissible under section 212(a)(9)(C), you cannot file Form I-212 if you are in the United States at the time of filing OR if you have not been physically outside of the United States for more than 10 years since your date of last departure. Exceptions to the I-212 filing requirement may apply for VAWA (Violence Against Women Act) self-petitioner’s.
Section 212(a)(9)(C) states in part:
(ii) Exception. -Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission.
(iii)WAIVER- The Secretary of Homeland Security may waive the application of clause (i) in the case of an alien who is a VAWA self-petitioner if there is a connection between--
(I) the alien's battering or subjection to extreme cruelty; and
(II) the alien's removal, departure from the United States, reentry or reentries into the United States; or attempted reentry into the United States.
Who can file Form I-212 under 212(a)(9)(C)?
You must file Form I-212 from abroad before seeking admission to the United States if you are an:
- Alien found inadmissible under section 212(a)(9)(C) seeking to apply for an immigrant visa;
- Alien seeking a nonimmigrant visa type through a US port of entry or US consulate;
- Alien who on or after April 1, 1997 entered or attempted to re-enter the United States without being admitted or paroled after:
- Having been unlawfully present in the United States after April 1, 1997, for a total period of more than one year (INA section 212(a)(9)(C)(i)(I)); or
- Having been ordered removed from the United States under any provision of the INA or any other provision of law before, on, or after April 1, 1997.
Criminal Penalties INA 276
You may be subject to criminal prosecution and, if convicted, sentenced to prison under INA section 276, if you:
- Have been denied admission to the United States;
- Were excluded, deported, or removed from the United States; or
- Have departed the United States while an order of exclusion, deportation, or removal is outstanding;
AND then you:
- Enter or attempt to enter the United States; or
- Are found in the United States unlawfully (including without consent to reapply for admission)
If you are required to obtain consent to reapply for admission and you return to the United States without formal consent, you may face legal consequences. Possession of a visa does not entitle you to receive admission to the United States if your I-212 has not been approved. If the filing period for you to submit Form, I-212 has now expired you may still be criminally liable for failure to file the waiver if you return to the United States unlawfully.
The following is a list of some supporting documents that should be included in the I-212 waiver request. The list is not all inclusive and specific details pertaining to your application should be discussed with a licensed attorney in detail. Additional documents may be necessary depending on the specific case.
The list includes but is not limited to the following items:
1. Deportation/Removal Proceedings
Attach copies of all correspondence and documentation that you have relating to your deportation or removal proceedings and your removal from the United States (if applicable).
2. Immediate Relatives
If you listed any relative in Part 3. Item Numbers 3.a. and 3.d., you must submit evidence of your relationship to that person. If your relative is a U.S. citizen, you must submit proof of U.S. citizenship.
If he or she is not a U.S. citizen, you must provide the following:
- Your relative’s full name;
- Date of birth;
- Place of birth;
- Place of admission to, or entry into, the United States;
- Current immigration status;
- Immigration status at the time of entry; and
- Alien Number, if known.
3. Inadmissible under INA section 212(a)(9)(C)
If you are inadmissible under INA section 212(a)(9)(C), submit evidence of:
- Your removal from the United States;
- The date you entered or attempted to reenter the United States without being admitted or paroled;
- The date of your last departure from the United States; and
- Evidence of your absence from the United States for 10 years since your last departure.
Also submit evidence that relates to your departure and your absence from the United States for at least 10 consecutive years. Such evidence may include any of the following:
- Copies of entry/exit stamps from foreign countries in your passport;
- Receipts for, or copies of, airplane tickets;
- Registration of your residence abroad;
- Utility bills in your name at the foreign address;
- Employment records from your foreign job; and
- Any other information that you believe will establish your departure and absences from the United States.
4. Additional Documents for Alien’s Seeking Admission to the United States Through CBP at a U.S. Port-of-Entry.
In addition to the evidence listed above, you must submit the following documents:
- Proof of Citizenship
- A completed Form G-325A, Biographic Information, signed and dated by you
- Evidence of Other Names Used (if applicable)
If you have ever used a name other than your full legal name as provided on the application, you must list any names ever used, including your maiden name (if applicable). You should file evidence of legal name changes, such as copies of marriage certificates, divorce decrees, adoption decrees, and naturalization certificates with your application.
- D. Criminal Records
Each application should contain your official police record, or evidence that no police record exists, from all countries of prior residence and from your country of citizenship or nationality.
These records are valid for 15 months from the date the foreign law enforcement authority issued you the record. If your records are older than 15 months, you will need to obtain a new official record and submit it with your Form I-212.
NOTE for Canadian Filers: You can obtain the above information from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C-216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP and submitted with your Form I-212 within 15 months of issuance.
E. Notarized affidavit explaining why your application should be considered for approval including a detailed testament of your favorable attributes, good moral character, family ties to the United States, hardships your immediate relatives will face, etc. and how these factors outweigh the negative aspects of your case. Your affidavit should supplement the supporting evidence you have provided with your application.
5. Additional Evidence to Support Your Application
Approval of your Form I-212 is discretionary. This means the adjudicator will weigh the favorable and unfavorable factors presented in your case to determine whether to approve your application. To receive a favorable outcome, submit as much evidence as possible to explain why you believe that your application should be approved. You should describe the favorable and unfavorable factors in your case and explain why you think the favorable factors should be given more weight. For additional ideas to enhance your statement please visit our I-601 waiver page subsection ‘supporting documents.’
Favorable factors may include, but are not limited to:
- Close family ties in the United States;
- Hardship to your relatives who are U.S. citizens or lawful permanent residents, or to yourself, or your employer in the United States;
- Evidence of reformation and rehabilitation;
- Length of lawful presence in the United States and your immigration status while you were lawfully present;
- Evidence of respect for law and order, good moral character, and family responsibilities or intent to hold family responsibilities;
- Absence of significant undesirable or negative factors;
- Eligibility for a waiver of other inadmissibility grounds; and
- Likelihood that you will become a lawful permanent resident in the near future.
Some unfavorable factors may include, but are not limited to:
- Evidence of bad moral character, including criminal tendencies reflected by past convictions or an ongoing unlawful activity or continuing police record;
- Repeated violations of U.S. immigration laws and a willful disregard for other laws;
- Likelihood of becoming public charge
- Absence of close family ties or hardships;
- Fraudulent marriage to a U.S. citizen for the purpose of gaining an immigration benefit;
- Unauthorized employment in the United States;
- Lack of the skills required for a position for which a labor certification could be issued; and
- Serious violations of U.S. immigration laws and no evidence of rehabilitation or reformation.
Evidence submitted in support of your application may include:
- Affidavits from you or other individuals;
All claims made in affidavits should be supported by evidence or you should explain in detail why you cannot obtain such evidence.
- Evidence of family ties in the United States
- Police reports from countries where you lived; D. Complete court records regarding any arrests, charges, or convictions from any country;
- Evidence of rehabilitation, if applicable;
- Evidence that your admission to the United States would not be against national security or public safety;
- Medical reports;
- Employment records;
- Evidence of hardship to you, your relatives, or other individuals that would result if you were denied admission to the United States;
- Documentation related to the impact of family separation;
- Documentation of the conditions in the country where your family would have to relocate if your Form I-212 was denied; and
- Any other evidence that can establish why you should be granted permission or consent to reapply for admission to the United States.
Unlawful presence and previous immigration violations are complex issues that require careful analysis by an accredited immigration attorney who can navigate the law avoiding unnecessary family separation where possible. If you or your family members wish to immigrate to the U.S. but are concerned about previous immigration violations, contact our office for an in depth consultation.
Form I-212 is a waiver request that allows such aliens to seek consent from the United States government to apply for lawful re-admission to the United States after having been deported or removed.How do I reapply after deportation? ›
Form I-212 is an application for permission to reapply for admission into the United States after deportation or removal. Individuals who have been deported or removed from the U.S. and who wish to return must apply for permission to reapply for admission using Form I-212.What is 212 permission to reapply for admission? ›
What Is the Purpose of Form I-212? If you are inadmissible under the Immigration and Nationality Act (INA) section 212(a)(9)(A) or (C), you must ask for consent to reapply for admission to the United States (consent to reapply) before you can lawfully return to the United States.Can you come back to the US after deportation? ›
Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban. The exact length of time depends on the facts and circumstances surrounding your deportation.Who is eligible to adjust status while in removal deportation proceedings? ›
Eligibility for adjustment of status is determined by meeting requirements such as being admissible as an immigrant, having lawful entries to the U.S., having a qualifying relative, and possessing an approved visa petition. It is also possible to adjust status during removal proceedings, but eligibility criteria apply.How long does it take to remove a deportation order? ›
Cases that qualify for the expedited process can result in a removal order within 2 weeks, while normal cases that don't qualify for the expedited process can take 2 – 3 years or more to reach a final decision through the courts.What is illegal re entry after deportation? ›
Illegal Re-Entry After Deportation Is An Aggravated Felony
If you have been deported from the United States, and you return--or even attempt to return to the U.S.--without permission to do so, you can be arrested for Illegal Re-Entry After Deportation, 8 U.S.C. Section 1326.
You can do one of two things: 1). Apply in the court that issued the order of deportation, for the court to vacate or cancel the order of deportation; or 2). Apply with the Immigration Service to waive or cancel your former order of deportation.What is re entry after deportation charge? ›
The basic statutory maximum penalty for reentry after deportation is a fine under title 18, imprisonment for not more than 2 years, or both.Does a 212 waiver expire? ›
Once an I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, or Consent to Reapply is approved, the approval does not expire.
What's the cost of an I-212 application for permission to reapply for admission into the United States after deportation or removal? ›
$930. You may pay the fee with a money order, personal check, cashier's check or pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.How long does it take for I-212 waiver be approved? ›
USCIS will generally take approximately SIX (6) to TWELVE (12) months to adjudicate (make a decision) the waiver application. If the I-212 waiver application is approved, the foreign national can reschedule an interview with the U.S. consulate/embassy abroad and obtain a visa.What is the 10 year bar after deportation? ›
Re-entry bars prevent immigrants who voluntarily leave the U.S. from returning legally for years. Legal re-entry bars, also referred to as “unlawful presence” bars or “three- and ten-year bars,” are punishments applied to undocumented immigrants who remain in the United States without authorization.Can I go to Canada if I was deported from USA? ›
With a Deportation Order, you are permanently barred from returning to Canada and cannot return unless you apply for an ARC. If the CBSA paid for your removal from Canada, you must also repay that cost before you are eligible to return.Can I get a green card if I have a deportation order? ›
You're not eligible to apply for a green card in the U.S. if you've previously been ordered deported. Regardless of whether you were ordered deported after missing the Immigration Court summons or because the immigration judge denied your application, you're ineligible.What is motion to reopen after deportation? ›
Deadline for filing the motion to reopen
You have to file a motion within 90 days of the date of entry of a final administrative order of removal. This means that an immigration judge or BIA needs to receive your motion within this deadline.
The term “removal” is synonymous with “deportation.” Removal has replaced deportation when referring to foreign nationals who find themselves in front of an immigration judge in an immigration court and face the possibility that they will be ordered deported, or “removed,” from the United States.Who is ineligible to adjust status? ›
An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.How do I check my deportation status in USA? ›
You can contact the United States Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR). USCIS can provide information on the status of your case and whether a deportation order has been issued. EOIR can provide information on your case and the specific order of deportation.What is the difference between expedited removal and deportation? ›
“Expedited removal” refers to the legal authority given to even low-level immigration officers to order the deportation of some non-U.S. citizens without any of the due-process protections granted to most other people—such as the right to an attorney and to a hearing before a judge.
What does “10-Year Cancellation of Removal” mean? It means that you may be eligible to stop your deportation and get a green card if you meet ALL of these requirements: You've been in the US for more than 10 years without long trips to your home country. Long trips are anything more than three months.Is entering the US after deportation a felony? ›
Illegal reentry after deportation and subsequent capture can lead to a criminal conviction for a felony. This is provided by the Immigration Law (8 USC, Section 1326). In addition, the individual would have to pay fines of up to $250 or more if they have already received a previous penalty for the same reason.Is there a waiver for illegal reentry? ›
If you are inadmissible under the three-year or the 10-year unlawful presence grounds of inadmissibility, you may be eligible to apply for a waiver of inadmissibility. The legal requirements and procedures for applying for the waiver depend on the immigration benefit you seek.How do I ask for forgiveness from immigration? ›
Form I-192 is an application for a specific type of waiver used by people wishing obtain such forgiveness and enter the U.S. on a temporary, nonimmigrant basis. (It's of no use to anyone applying for an immigrant visa, otherwise known as lawful permanent residence or a green card.)Is it hard to win cancellation of removal? ›
Cancellation of removal cases involves high standards and is very hard to win. If you are doubtful of your case, speak with your lawyer about other options you may have.How do I find my deportation records? ›
If you were ever in deportation, exclusion, or removal proceedings, you can submit a FOIA request to the U.S. Department of Justice (DOJ) Executive Office for Immigration Review and (EOIR) to get a copy of your immigration court records. There is no central database for all federal records.Can I appeal a removal order? ›
You have the right to appeal a removal order made against you at either an admissibility hearing or examination, if you are a foreign national who holds a permanent resident visa or a permanent resident or a protected person, under section 63(2) and 63(3) of the Immigration and Refugee Protection Act .What is a final order of deportation? ›
A removal order is only considered final if the 30-day period to file an appeal has run out, if the noncitizen waives the right to appeal, or if the BIA dismisses the appeal or affirms the removal order in some other way.What is 212 two year rule? ›
It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). If you cannot return home for two years, you must apply for a waiver.What happens after I-212 waiver is approved? ›
What happens after the I-212 waiver is approved? The approval of a Form I-212 waiver does not automatically grant admission into the United States, but it does allow an individual to apply for a visa or admission at a port of entry.
Someone who has been removed (deported) from the United States cannot apply for a new immigrant visa, nonimmigrant visa, adjustment of status, or other admission to the United States without facing certain legal restrictions. Updated by Ilona Bray, J.D.How many times can you apply for US re entry permit? ›
There's no official limit on how many times you can apply for a re-entry permit. However, if you've spent more than 4 of the previous 5 years since gaining a green card outside the United States, you'll only be issued a re-entry permit valid for a single year.How much does it cost to reopen an immigration case? ›
In all cases, the immigration judge will issue a decision on a fee waiver request in writing or on the record. (1) Motions to reopen or reconsider - When a filing fee is required, the fee for motions to reopen or reconsider is $145.How do you qualify for a 212 waiver? ›
- Reason for deportation.
- Whether you were only deported once before.
- How long you have been in the U.S.
- Your status while in the U.S.
- Family responsibilities.
- Evidence of community involvement.
- Evidence of sound moral character.
- Employment skills.
An I-212 waiver allows someone who has been deported from the U.S. to apply lawfully for permission to enter before their period of ineligibility is up. The full name of an I-212 waiver is a “Reapplication for Admission After a Prior Deportation Order.”How long does it take to get USCIS I-212? ›
Form I-212 Processing Time
The processing of the application will usually take between 6 and 12 months if you file with the USCIS. After that, you can schedule another interview with the U.S. embassy or consulate in a foreign country to get your visa. Then, you can go to the U.S. and get a Green Card in 1-3 months.
This will take anywhere from four to nine months. Once a decision has been made, you will receive notification in the mail. All in all, the entire application and approval process takes anywhere from 12 to 18 months.What is the 10 year immigration ban waiver? ›
To qualify for this waiver, which if approved, allows the immigrant to lawfully re-enter with the immigrant visa and not wait outside the US for 3 or 10 years, the immigrant must prove that his or her USC or LPR spouse or parent will suffer EXTREME HARDSHIP if the waiver is not approved.What is the 3 year rule for immigration? ›
3 Years of Continuous Residence. The spouse of a U.S. citizen residing in the United States must have continuously resided in the United States as an LPR for at least 3 years immediately preceding the date of the filing the application and up to the time of the Oath of Allegiance.Can an illegal immigrant become legal after 10 years? ›
There are no provisions in US immigration law that allow an illegal immigrant to change status to a legal immigrant or legal resident (Green Card) based on time spent in the United States.
Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban. The exact length of time depends on the facts and circumstances surrounding your deportation.Can you come back to the United States after deportation? ›
Depending on the circumstances of deportation, deportees will need to wait a certain amount of time before they can re-enter the U.S. This waiting period usually lasts for around five to 20 years. In some cases, deportees may be entirely unable to regain entry into the U.S.What happens if you are denied entry to the US from Canada? ›
If I Am Denied Entry to the USA, Can I Try Again? Yes, if you are denied entry into the United States, you can try to re-enter by applying for a Waiver of Inadmissibility. These waivers, which can be valid for up to five years in some cases, can allow you to enter the United States even if you are ineligible.Can a deported person get Social Security benefits? ›
While you are located in your country of origin after you have been deported, you will not be able to continue receiving social security benefits. However, the great news is that once you return to the US and become a legal resident again, you can start reaccessing your social security benefits.Where do they drop you off when you get deported? ›
What Happens When a Person Is Deported from the U.S.? If immigration officials become suspicious of the immigrant's activities or find evidence, they'll detain him/her at a detention center. These centers are located throughout the U.S. A case against the immigrant is then registered at an Immigration Court.Will I get deported if my green card application is denied? ›
It is important to know that when a person's immigration case is denied, it automatically reverts to the status they had before applying, which can put the immigrant at risk of deportation.Who qualifies for immigration waiver? ›
An applicant for Temporary Protected Status; A Special Immigrant Juvenile; or. Any other noncitizen for whom a determination of their likelihood of becoming a public charge under section 212(a)(4) is not required at the time of their application for admission or adjustment of status.How long does an immigration waiver take? ›
The average processing time for Form I-601A is between 8.5 and 11.5 months. Make sure you carefully read the section of the Form I-601A instructions about your immigration status when applying for this waiver.Can USCIS deny a waiver? ›
If the applicant is statutorily ineligible for a waiver (that is, the applicant is inadmissible under a ground of inadmissibility that cannot be waived) or if there are sufficient negative factors to warrant a discretionary denial of the waiver application, the officer denies the waiver application and specifies the ...What is illegal entry after deportation? ›
Illegal Re-Entry After Deportation Is An Aggravated Felony
If you have been deported from the United States, and you return--or even attempt to return to the U.S.--without permission to do so, you can be arrested for Illegal Re-Entry After Deportation, 8 U.S.C. Section 1326.
The US Waiver application requires a significant amount of tedious paperwork including proof of citizenship, fingerprints, biographic information (form G-325A), police records, court documents, character references, rehabilitation docs, and even form I-212 if the individual has already been removed from or denied entry ...What happens after I-212 is approved? ›
If the I-212 waiver application is approved, the foreign national can reschedule an interview with the U.S. consulate/embassy abroad and obtain a visa. In approximately ONE (1) to THREE (3) months after arriving to the U.S., the foreign national will receive his/her Permanent Resident Card (“Green Card”).How do I ask for forgiveness to immigration? ›
Form I-192 is an application for a specific type of waiver used by people wishing obtain such forgiveness and enter the U.S. on a temporary, nonimmigrant basis. (It's of no use to anyone applying for an immigrant visa, otherwise known as lawful permanent residence or a green card.)What is the difference between I-212 and 601 waiver? ›
What Is the Difference Between the I-212 and I-601a? The I-212 and I-601 waiver applications are both required in many circumstances. Where the I-212 requests permission to apply to return to the U.S., the I-601 is actually the application to return.What is form I-212 used for? ›
I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.Do immigration waivers expire? ›
An approved provisional waiver does not expire. A provisional waiver is valid when USCIS grants the waiver but it is not effective until the applicant departs from the United States, attends his or her DOS immigrant visa interview and the DOS consular officer determines that he or she is eligible for an immigrant visa.How long can you stay in the US with a waiver? ›
Overview. The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.Can a deported person come back legal by marrying a citizen? ›
Can a deported person come back legally by marrying a citizen? Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted.How do I know if I am inadmissible to USA? ›
A person is inadmissible if they have a physical or mental disorder and the behavior associated with the disorder may pose (or has posed and is likely to reoccur) a threat to the property, safety or welfare of the person or others.What happens to immigrants after they are deported? ›
After an immigrant is court-removed from the United States, they remain inadmissible for a specified time period. This is according to INA Section 212(a)(9)(A). The period depends on the reasons for eviction, prior removals faced, and how many times an immigrant has been removed.
20-year ban: If you were deported and already removed on a prior occasion, then the 20-year bar can go into effect. Permanent ban: You could be permanently barred from entering the U.S. again if you were convicted of an aggravated felony or entered the U.S. illegally after already been deported.What can stop deportation? ›
You apply for asylum, withholding of removal and the Torture Convention by filling out Form I-589 that the Immigration Judge will give you. You need to explain why you left your country and what you think will happen to you if you return. You need to show why you would be in danger and who will harm you.