COLLABORATIVE LEGAL COUNSEL WORKING TO PROTECT WHAT MATTERS MOST

REMOVAL DEFENSE ATTORNEYS IN NEW BRUNSWICK, NEW JERSEY

FORM I-212 WAIVER LAWYERS: APPLICATION FOR PERMISSION TO REAPPLY

The I-212 process can be complicated if individuals attempt to regain entry into the United States after being deported or removed from the US for contravening American immigration laws. This I-212 waiver is critically important as the first step in applying for legal re-entry into the United States after contravening immigration laws.

Immigration lawyers aid applicants to understand their legal requirements and guide them through the I-212 application process. Lawyers have knowledge of the nuances of immigration law and can help applicants present documents, affidavits, and other legal proof to support their claim for an I-212.

Navigating the labyrinth of immigration law is best suited to the experts. It will help you speed your application process by eliminating time-consuming follow-ups after your application is received. If you have questions about what the I-212 is and whether you are admissible for the application, we have provided you with some answers to your I-212 questions.

WHAT IS THE I-212?

The I-212 waiver is an application for permission to reapply for entry to the United States after an individual has been deported or removed from the US. The 1-212 itself is not permission to enter the US. It is merely an application to approve a candidate to reapply for legal entry into the country after being deported. The 1-212 is technically more of an exclusion than a waiver. It means that the immigration authorities are willing to ‘exclude’ the penalties incurred by deportation, such as ten or twenty-year bars to reentry once approved.

You may not legally reenter the United States after being deported or removed without first seeking permission to reapply for entry to the USA via your I-212 application. This application must be filed with the Department of Homeland Security and failing to do this; you might be permanently barred from entering the United States.

Other waivers can aid aliens in overcoming immigration violations under the United States Immigration law. Still, individuals found not admissible under the sections212(a)(9)(A) or 212(a)(9)(C) of the Immigration and Nationality Act (INA) have the option of applying for the 1-212 waiver. These waivers must be applied for outside the United States, and applicants must remain outside the US until they are granted their I-212 and permission to reenter the US legally.

Individuals that have been deported or removed from the US have violated the immigration laws and are prevented from entering the US for specified periods. The length of this ‘barring’ from reentry depends on the individuals’ circumstances, deportation, and the length of their illegal presence in the country. The period of barring from entry to the US can range across five years, ten years, twenty years, and permanently.

WHERE DO YOU FILE YOUR I-212 FORM?

It is essential to file your I-212 in the correct place, or it may be rejected. Potential applicants should refer to the filing instructions that the court has provided for them. There is an I-212 section in the documents that provide a Direct Filing Address to direct your I-212 form.

WHAT IS THE I-212 FILING FEE?

An I-212 filing fee is currently $930, which will increase after October the 2nd 2020, to $1,050. This fee is non-refundable and is a fee for the government service to process your application. Even if your application is unsuccessful, you are liable for the full amount for the processing fees and will not receive a refund.

You may use various methods to make your filing payment as long as all your checks, money orders, and bank drafts are payable in USD.

HOW LONG DOES AN I-212 APPLICATION TAKE TO PROCESS?

Processing time is not uniform in all applications, and some may take longer than others to be processed. Generally, the application is processed in four months with the USCIS, but it may take longer or be processed more quickly in individual applications.

WHAT ARE THE FACTORS THAT PREVENT REENTRY AFTER DEPORTATION/REMOVAL FROM THE US?

If you were summarily excluded from the US (without a full trial) and had no chance for a hearing in court, you will not be allowed to return to the US for five years. For example, if you attempted entry at an American airport and were sent back immediately to your home country, it would be a case of expedited removal. You would not be able to return for five years after your deportation.
If you were deported immediately on arrival in the United States, the immigration officials would bar you from returning to the US for five years
If you were deported from the US after a legal immigration court hearing or exited the United States while a deportation order was issued, you are barred from returning to the US for ten years.
If you have been legally excluded from the US more than once or on multiple occasions, immigration officials will bar you from returning to the US for twenty years; even your intention was not to enter the country illegally.
If you were charged with an aggravated felony, the government would bar you from returning for the rest of your life
If you try to reenter the US without legal rights after spending over a year illegally in the US after April 1st, 1997, and subsequently leave the US, you will be permanently barred from entering the US.
If you try to enter the United States illegally after being deported already, you will be barred from entry into the US for life.

HOW DO THESE REGULATIONS AFFECT YOUR I-212 APPLICATION?

When you have been barred from returning to the US permanently, you will not be able to apply for an I-212 for ten years if:
You have been in the US illegally for over a year
There is a record of previous deportations in your name, and you try to enter or reenter the US.

WHAT FACTORS WILL HELP YOUR I-212 APPLICATION?

✱ You have close relatives that are legal US residents

✱ You can show that your legal US relatives have suffered hardship, you have suffered adversity, or your US employer has suffered hardship due to your deportation

✱ You can show that you reformed or have been rehabilitated since your deportation

✱You can show a length of legal presence in the US and immigration documentation while living in the US legally

✱ Evidence of law-abiding behavior and proof of your responsible nature towards your family or your intention to do so

✱Eligibility for an I-212 on the grounds for inadmissibility of your bar order

✱ Evidence that you aim to be a lawful permanent resident of the USA.

WHAT FACTORS MAY HARM YOUR I-212 APPLICATION?

✱ Evidence of low moral character such as criminal tendencies, past convictions, and an ongoing police record of criminal activity

✱ A disregard to the law or multiple violations of US immigration law

✱ A likelihood that you will not be able to support yourself and become a public charge

✱ Lack of proven hardships and lack of family who are closely connected to you who are legal US citizens

✱ An illegal marriage to a legal US resident to obtain immigration to the US

✱ You have been working illegally in the US

✱ You have a lack of certified skills to ensure employment in the US

✱ you have a history of violating US INA laws and show a lack of improvement or evidence of a reformed behavior

WHAT EVIDENCE MAY YOU SUBMIT TO SUPPORT YOUR I-212 APPLICATION?

Affidavits from yourself or other people that are backed by evidence, or a detailed explanation of why you can’t show this evidence
Documented proof of close relatives that are legally dwelling in the USA
Your criminal history from the countries where you have resided. If you have any convictions, you need to provide all the records of court proceedings of arrests, charges, or convictions
Evidence of rehabilitation
Documents that support the fact that your entry into the US will not be against the security of the nation or the safety of US citizens
Medical reports to prove a clean bill of health, or psychiatric evaluations
Employment records
Evidence that your family, yourself, or other members of the public will suffer hardship if you are not granted access to the US
Documents to support the impact of family separation your denial for readmission to the US will cause
Documents to show the conditions you and your family will have to live if your waiver was denied
You may provide any other relevant proof of why you should be allowed permission to return to the United States.

WHAT IS 212(A)(9)(A) OF THE INA?

Section 212(a)(9)(A) is a section of the Immigration and Nationality Act (INA) that applies to people seeking admission into the US after they have been deported, removed, or excluded from the US. The I-212 waiver request allows previously removed aliens to be readmitted into the US before their inadmissibility (bar) has been completed.

The I-212 readmission must be sought from abroad unless the individual is not permissible under section 212(a)(9)(A) and has an order of deportation and is still in the US. These individuals may file their I-212 waiver before leaving the US.

WHO IS NOT ADMISSIBLE FOR THE I-212 UNDER SECTION 212(A)(9)(A) OF THE INA?

Aliens previously removed:

Under section 235(b) (1) or under section 240, who seeks admission within five years from their removal date ( or 20 years due to a second removal, or aliens convicted of an aggravated felony
Other aliens who:

Are not described as the above who:
Have been removed under section 240 or other law or
Departed the US with a deportation order in effect and sought readmission before the 10-year bar is in effect (or 20 years if the deportation was a second offense, or the alien committed an aggravated felony.

WHAT BARS TO REENTRY TO THE US CAN NOT BE OVERTURNED?

There are some cases where you will not be granted entry to the United States, even if you file your I-212 waiver form. These situations include:

Failure to be present at the legal hearing of your deportation
Fraudulently claiming that you are a legal American citizen if you are an illegal alien
If you attempt re-entry into the US before your ten or twenty-year ban has been fulfilled
You have been convicted of an aggravated felony
You have practiced polygamy
Your application for US protection from hardship or abuse was fraudulent
You have renounced your United States citizenship to avoid paying taxes.

HOW DOES THE I-212 WORK FOR THOSE STILL IN THE US?

If the individual remains in the US despite deportation orders, they are guilty of breaking immigration law and suffer legal penalties. But if a person is under a deportation order but remains in the US under TPS protection may apply for adjustment of status. Those who have a prior removal order in effect and are preparing to leave may apply for a conditional I-212 before the initiation of 212(a)(9)(A).

HOW DO YOU WIN AN I-212 WAIVER APPLICATION?

The I-212 waiver approval is entirely up to the discretion of the United States immigration authorities. However great your application may be, the immigration official is under no obligation to approve your request for a waiver. The most critical aspects that the immigration officials will take into consideration are:

The duration of time that has passed since you were deported from the US with a greater approval chance for greater lengths of time since the deportation.
Your criminal history both in the United States and any other country that you might have had residence
If you have a record of any criminal activity, your chances of approval would be higher if you have proof that you have rehabilitated yourself in the subsequent passage of time
The amount of time you have been living in the United States and how much of that time was spent as a legal citizen
Whether you have close family connections and responsibilities to members of your family that reside legally in the US
You should make sure that you present real evidence of substantial hardships to your close relatives, to yourself, or other US residents should your waiver be denied. This evidence should be more than just the simple hardships of separation
You can show that you have certified skills or vocation that is in demand in the United States
If you suffer from poverty and cannot show a viable skill or means to support yourself, you may be denied I-212 approval. The officials need to see that you would not become a ward of the state due to extreme poverty and inability to provide for yourself once you are granted permission to reenter the United States
You have provided evidence of a law-abiding and good moral character from your home country and your dealings in the United States. There should be no question of you harming national security or endangering the citizens of the United States
You provide some evidence that you are likely to be granted residence in the US once your I-212 waiver is granted.
You have some form of proof that you did not gain illegal employment while you were in the United States.

WHAT DOCUMENTATION SHOULD YOU PROVIDE WITH YOUR I-212 APPLICATION?

Ensure that the documentation you provide is in the proper legal format to increase your chances of approval for your waiver application. Where possible, certified birth documentation should be provided ( not copies), and testimonies of family and members of the US should be in the form of a legal and notarized affidavit.

An immigration lawyer can assist you in providing the necessary legality to your supporting documents that will aid you in receiving approval from the immigration official. I-212 processing time can be several months, and you may lose considerable time in having to reapply for your I-212 due to insufficiently certified documentation and affidavits. From October the 2nd, 2020, I-212 fees increase to $1,050, so you need to provide the most relevant and legally compliant documentation to ensure your success.

Although this may not be an exhaustive list of documentation, here is a list of the primary documentation you should provide with your I-212 application.

✱ Documents to support the fact that your chances are good for your residence application should your waiver be approved

✱ Affidavits from reputable sources that reflect your good moral character and provide testimony regarding the hardships your family or other people might face should your waiver be denied

✱ Legally certified proof of family ties or marriage by providing birth certificates or marriage certificates

✱ Medical documentation or Psychiatric evaluations that might aid your I-212 approval

✱Financial statements and documents that show the effect your denial for reentry may cause your family or spouse

✱ Records of your employment both in your home country and legal work within the US

✱ Certifications and qualifications that show proof that you have skills/certification suitable for employment in the US

✱ Any evidence of your tax history

✱ reports of the conditions of your home country from media sources of untenable life in your home domicile should your waiver be refused

✱ Provide certified evidence of a clear criminal history in your home country and the US. If your record is not clear, provide evidence that you have rehabilitated (length of time since your offense can show this.)

HOW CAN AN IMMIGRATION LAWYER HELP YOUR I-212 APPLICATION?

An experienced immigration lawyer can help your I-212 application substantially and ensure a streamlined and expedient application process. The benefits of enlisting the services of a qualified Immigration lawyer are numerous. Some of these benefits include:

✓ A qualified immigration lawyer would be able to advise you if you are eligible for an I-212 and the best way to proceed with your application

✓ An immigration lawyer can advise you if the I-212 is viable for your reentry into the US and whether you are admissible under the I-212 waiver. Your lawyer may advise you if your circumstances are more suited to a 1-601 or 1-610A application.

✓ A lawyer may be able to bypass the I-212 application by legal loopholes such as ‘voluntary departure’

✓An immigration lawyer will help you create the best possible application for your I-212 to approve immigration authorities’ approval. By understanding the full nuances of the legal structure and workings of the immigration law, your lawyer has in-depth knowledge of the application process.

✓Your lawyer can aid you in collecting the proper legal documentation to support your waiver application

✓ Your lawyer can ensure properly notarized and persuasive affidavit material to best promote your case

✓ Your lawyer will create a legal document that states the benefits of approval for your application in legal terms to persuade the immigration officials to approve your submission

✓ Your legal representative can respond to any follow-ups to your I-212 application process.

✓ If your I-212 is approved, your lawyer can assist you in your application for United States citizenship moving forward to your eventual aim of becoming an American legal resident

✓ Immigration laws in the US are in a state of constant flux due to changes in the political climate. Your lawyer is up to date with any immigration law changes and can advise you of their implications in your application.

CONCLUSION

When you are dealing with the complexities of unlawful presence in the US and have had previous immigration violations, the services of a lawyer specialized in the field of immigration law will stand you in good stead. I-212 applications are costly and may take many months to process, so you really should try and put your best foot forward when applying for your I-212.

Each applicant’s circumstances are unique, and consulting with a lawyer may even provide you with a legal solution without an I-212 application. A lawyer’s introduction to your case’s specific advantages that accompanies your application can also help persuade immigration officials of your individual case’s merits. with the right legal assistance, you will be one step closer to achieving your dream of living legally in the United States.