Being removed from the United States after deportation proceedings can be heartbreaking for families that may be separated for years. While the United States has very strict immigration laws, it has implemented a way for individuals to pursue a second chance at visiting or living as a lawful permanent resident in the United States. If you or a loved one has been removed from the United States, you may be able to apply for an I-212 waiver.
It is very important to understand that if you are granted an I-212 waiver, this only gives you permission to apply for reentry into the United States. Many people mistakenly believe that the I-212 waiver itself allows a removed individual to reenter the United States. However, the I-212 waiver provides a possible route for reentry that is worth applying for when no other options exist.
What Factors Are Considered When Reviewing an I-212 Waiver Application?
In order to apply for an I-212 waiver that will give you permission to apply for readmission into the United States, you will need to demonstrate factors that reflect favorably on you, increasing your chances of being granted the waiver. United States Citizenship and Immigration Services (USCIS) considers a variety of factors and circumstances when reviewing an I-212 waiver application. Such factors include, but certainly are not limited to, the following:
- The reason for removal in the first place;
- How many times has the inadmissible individual been removed from the United States;
- How much time has passed since removal;
- How long the inadmissible individual lived in the United States;
- What the inadmissible individual’s moral character is like (i.e., does the person have a criminal record, or is the person a devoted father or mother, etc.);
- Whether there is evidence that the inadmissible individual has been reformed or rehabilitated; and
- Whether or not family members in the United States will suffer extreme hardship if the inadmissible individual is not allowed to return to the United States
Unlike I-601 and I-601A waivers, those applying for an I-212 waiver do not need to demonstrate extreme hardship. Each I-212 waiver application is reviewed on a case-by-case basis. Therefore, in order to be granted the initial waiver document that simply gives you permission to apply for readmission into the United States, you only need to demonstrate the factors listed above.
If you apply for an I-601 waiver after being granted an I-212 waiver, you will need to prove that your United States citizen or lawful permanent resident qualifying relative is suffering or will suffer extreme hardship from your absence.
I-212 waivers do not automatically allow a removed individual to reenter the United States, so many people believe applying for an I-212 waiver is fruitless. While it can never be guaranteed that USCIS will approve one’s application and grant an I-212 waiver, it is always worth applying, especially if you have family members living in the United States. An immigration attorney can advise you on how to make your I-212 waiver application a strong candidate for acceptance.
Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation
I-212 waivers can bring families back together after years of separation. When deportation proceedings result in a loved one being removed from the United States, the consequences can be devastating. With the help of a seasoned immigration attorney, you or your loved one may have a second chance at residing in or visiting the United States. At Geygan & Geygan, Ltd., our immigration attorneys take pride in helping individuals obtain the immigration documentation and authorization they need to be lawfully present in the United States. Our attorneys will provide you with excellent customer service and help you formulate a plan to reenter the United States that works best for your particular situation. To find out more, contact Geygan & Geygan, Ltd. today at (513) 791-1673 to schedule a free consultation.