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Understanding 212 Immigration Waivers: Your Path To Reentry

A 212 waiver serves as a crucial lifeline for individuals seeking permission to reapply for admission into the United States after deportation or removal proceedings. These waivers offer hope for those who would otherwise be deemed inadmissible due to previous immigration violations and, therefore, unable to legally enter the U.S.

At The Law Offices of Polizzotto & Polizzotto, LLC, our 212 waiver attorneys help prospective immigrants overcome barriers to building a life in the U.S. We’ve been serving clients throughout New York City since 1962. Our founding philosophy of “always do right by clients” drives our commitment to providing personalized, effective immigration guidance.

What Are 212 Waivers?

Named after Section 212 of the Immigration and Nationality Act, these waivers allow people who have been deported or removed from the United States before they have met their statutory period of stay outside the U.S. to return legally through an appropriate visa. Without the waiver, they would be barred from doing so.

Background on statutory periods of stay outside the U.S.

Foreign nationals who have been ordered removed may not be readmitted to the United States until they have remained outside the country for a specified period of time:

Five years for individuals removed through summary exclusion or through removal proceedings initiated upon the person’s arrival into the U.S.
10 years for those otherwise ordered removed after a deportation hearing or who departed the U.S. while an order of removal was outstanding; and
20 years for a second or subsequent removal.

These waivers are discretionary, meaning officials from U.S. Citizenship and Immigration Services (USCIS) make determinations on whether to grant waivers on a case-by-case basis.

The I-212 waiver allows foreign nationals who wish to return to the U.S. prior to meeting the required amount of time outside the U.S. to file an application for permission to reapply pursuant to INA Section 212(a)(A)((iii).

The USCIS exercises broad discretion when adjudicating I-212 waiver requests for permission to reapply. The following may be considered positive factors in granting permission for early reentry:

Basis for the deportation
Recency of deportation
Foreign national’s length of residence in the U.S., and status held during that presence
Family responsibilities and ties to the U.S.
Foreign nationals’ evidence of good moral character
Foreign national’s respect for law and order
Evidence of reformation and rehabilitation
Hardship involving the applicant and others
Need for the applicant’s services in the U.S.
Whether the applicant has an approved immigrant or non-immigrant visa petition
Eligibility for a waiver of other inadmissibility grounds
Absence of significant undesirable or negative factors

Negative factors may include:

Evidence of moral depravity, including criminal tendencies reflected by an ongoing unlawful activity or continuing police record
Repeated violations of immigration laws, willful disregard of other laws
Likelihood of becoming a public charge
Poor physical or mental condition (however, a need for treatment in the United States for such a condition would be a favorable factor)
Absence of close family ties or hardships
Spurious marriage to a U.S. citizen for purpose of gaining an immigration benefit
Unauthorized employment in the United States
Lack of skill for which labor certification could be issued
Serious violation of immigration laws, which evidence a callous attitude without hint of reformation of character
Existence of other grounds of inadmissibility into the U.S.

Generally, the I-212 Consent to Reapply for Admission is granted if the foreign national is the beneficiary of an approved family or employment-based petition, has been deported only once before, does not have a criminal record, did not commit significant immigration violations, and can demonstrate hardship to his or her family or employer if not allowed to return.

Preparing A Strong Case For A 212 Waiver

As experienced 212 waiver attorneys, we understand the complexities of the immigration system. We can help you by:

Assessing your eligibility for a 212 waiver
Preparing a compelling application highlighting positive factors
Representing you in dealings with USCIS
Keeping you informed throughout the process
Exploring any other avenues you may have for immigration relief

Our lawyers will take the time to listen to your specific needs and goals so they can recommend a course of action based on your unique circumstances. We aim to accomplish your objectives in the most timely manner possible, always keeping your long-term interests in mind.

Let Us Help

Don’t let past immigration issues hold you back. Our award-winning lawyers are ready to assist you with your 212 waiver case. Contact our 212 waiver attorneys online today or call 718-213-4861 to get started.