Key Factors Considered in I-212 Waiver Applications

I-212 waivers are extremely broad and one could write a book about the intricacies with regards to a I-212 waiver. This article will focus on how you can get an I-212 waiver, but let us start with a brief definition.

The scenario is you have been removed from the U.S. Depending on the reason you were removed, you are barred from reentering the country for a set number of years or perhaps permanently. Illegal or attempted illegal entries into to US will make you permanently removable in certain cases.

To be admitted to the U.S. while the bar still applies, you must file for and get an I-212 waiver.

When Do You Need an I-212 Waiver?

Sections 212(a)(9)(A)(i) and (ii) of the Immigration and National Act state that foreign nationals who have been ordered removed may not be readmitted to the U.S. until they have stayed abroad for 5, 10 or 20 years. An aggravated felony conviction, however, creates a permanent bar. A good rule of thumb is be a law abiding citizen in the United States, and do not play loose with the law.

Sections 212(a)(9)(C)(i) and (ii) of the Immigration and National Act further state that foreign nationals who illegally enter or attempt to illegally enter the U.S. after certain prior immigration violations are permanently barred.

If you are subject to the 5, 10 or 20 year-bar, you do not need the I-212 waiver if you wait outside the U.S. for the duration of the bar before you seek admission to the U.S. But if you wish to lawfully reenter the U.S. before the time bar expires, you must obtain an I-212 waiver. And when a permanent bar applies to you, you will forever be required to obtain an I-212 waiver.

Returning unlawfully to the U.S. without the I-212 waiver may lead to serious consequences, including reinstatement of your removal order, prosecution in criminal court, and a permanent bar from admission to the U.S. that requires you to wait outside the U.S. for 10 years before you may apply for the waiver.

Favorable I-212 Waiver Factors Include:

  • >Close family ties in the U.S.
  • >Is there some unusual hardship to you, your family, or your employer?
  • >Your family responsibilities or your intent to hold family responsibilities.
  • >Length of lawful presence in the U.S. and the status you held during that presence.
  • >Your respect for law and order.
  • >Your good moral character, such as lack of criminal history.
  • >Reformation and rehabilitation that make it unlikely any existing problem will occur again
  • >Eligibility for a waiver of other inadmissibility grounds.
  • >The need for your services in the U.S.
  • >Absence of significant undesirable or negative factors.
  • >Likelihood that you will become a permanent resident in the near future.
  • >Considerable passage of time since you were deported.

To summarize, there has to be respect for law and order and having a need for you in the US is a huge factor. A top-notch nuclear scientist working on cutting edge energy or defense issues who has a squeaky clean record while volunteering at a homeless shelter is wonderful!

Unfavorable I-212 Waiver Factors Include:

  • >No familial ties or hardships that would make it hard for you to leave
  • >Serious violations or habitually violating Immigration laws or willful violation of other laws. Again, it is important that you have had a somewhat clean record. A parking ticket is OK, aggravated assault on several people IS NOT.
  • >Bad moral character, including criminal history. Bad moral character generally is defined as acts of moral dishonesty, like writing bad checks, tax issues, credit issues, or stealing.
  • >Likelihood that you will seek U.S. welfare or become a public charge. This is a major issue that thwarts your case. Having job options and work prospects and an income or wealth base helps.
  • >Poor physical or mental condition (unless there is a need for treatment in the U.S., which would be a favorable factor).
  • >Unauthorized employment in the U.S. Make sure documents and authorization are present for your work.
  • >Your admission would be contrary to the welfare, safety, or security of the U.S.
  • >Recent deportation.

Personal declarations from you or legal arguments from your lawyer are not enough. You must provide objective and credible evidence, including:

  • >Affidavits from third parties attesting to unusual hardships, your good moral character, and other positive factors.
  • >Evidence of family ties in the U.S., such as birth certificates and marriage certificates.
  • >Medical reports, psychological evaluations, and other records showing unusual hardships to you, your relatives, or others if you are not admitted to the U.S.
  • >Evidence of the financial, emotional and psychological impact of family separation.
  • >Police clearance reports showing you lack a criminal history.
  • >Evidence of rehabilitation and reformation, if you have prior criminal convictions.
  • >Employment records and other evidence of your professional qualifications and work experience.
  • >Articles and reports on the conditions of the country where you and your family would live if you were not admitted to the U.S.

Generally, your I-212 is more likely to be granted if you are the beneficiary of an approved family or employment-based petition or you are otherwise eligible for a visa, you have only one removal order, you lack a criminal record, you did not commit serious and repeated immigration violations, and you demonstrate unusual hardships to your family or employer in the U.S. if you are not admitted.

Start Your I-212 Waiver Application With Trusted Legal Support

Navigating reentry after removal can be complex, but you don’t have to face it alone. At Dacostin Law, our experienced immigration attorneys in New York and New Jersey will help you present the strongest possible I-212 waiver case, focusing on your rehabilitation, family connections, and other favorable factors.

Contact us today for a confidential consultation and take the next step toward lawful reentry to the U.S.