I-212 Waiver Application

An I-212 Waiver is required if a foreigner is removed from the United States by Court Order or by a U.S. Border Stop and given Summary Removal (Deportation). This can include departing the United States after the time agreed to under a voluntary departure order.

Allan Scott Lolly

managing attorney

Circumstances Which Must Be Considered

1. Removed from the US by Court Order

If you have been ordered removed from the U.S. by a court and have not attempted to reenter the U.S. illegally, then an I-212 waiver is likely required. It will be important to pull the court records and determine the reasons for removal and the duration of the bar. Often in these situations, an I-601 bar waiver is also required.

2. Removed from the US by Border Stop

A border agent has the power to issue summary removal during a U.S. border check. This can be where the foreigner attempts to enter the U.S. illegally or a border agent pulls the foreigner out of line and sends him or her to secondary inspection. In secondary, it often happens that the foreigner is accused of some immigration violation. The foreigner signs a statement admitting guilt, and has fingerprints and photograph taken. The border agent will cancel any visa in the passport and will very often write a series of numbers in the passport.

It can be difficult for a foreigner to know whether he or she was simply turned away at the U.S. border and sent back, or if the border agent took the added step of issuing summary removal.

Sometimes, summary removal is imposed even where the foreigner does not admit guilt. An immigration attorney should review any documents and the circumstances at the border check to verify whether summary removal occurred. Often, border records need to be pulled, especially if the foreigner was not given paperwork.

Other Important Factors

The reason for summary deportation is important. At a minimum, an I-212 waiver is likely required given the fact of deportation, but also there can be other hidden bars as well such as when the border agent accuses the foreigner of misrepresentation. It requires a separate I-601 bar waiver application.

A Successful I-212 Waiver Application Will Take Into Account

  1. The circumstances at the border and the reasons for deportation
  2. Evidence of respect for law and order, good moral character
  3. Likelihood the problem will occur again
  4. Close family ties in the US and the responsibilities of the foreigners for those family members
  5. Unusual hardship to the foreigner or to family members or employers in the U.S.
  6. Evidence of reformation and rehabilitation
  7. Considerable passage of time since deportation
  8. Eligibility for waiver of other exclusionary grounds

Unfavorable Factors USCIS Will Consider

  1. Unauthorized employment in the U.S.
  2. Serious violation of immigration law which demonstrate a callous attitude without hint of reformation of character
  3. Lack of good moral character
  4. Lack of close family ties in the U.S. or hardships
  5. Likelihood of obtaining U.S. welfare
  6. Poor physical or mental condition (unless there is a need for treatment in the U.S.)

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