I-212 Waiver After Deportation
Form I-212 - Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal
Some Individuals who have been deported or removed from the United States, or who departed the United States after the expiration of a voluntary departure order will also need to file Form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This application is also filed with the Consular Officer at the Embassy where your visa application was submitted. The applicant may attach a statement giving the facts that he/she believes USCIS should consider in making a decision on the application. The applicant must attach evidence in support of the statement.
This request is often filed along with an I-601 Waiver of Inadmissibility and often the same evidence can be used to meet the requirements.
When USCIS adjudicates a I-212 Waiver you are not required to show "extreme hardship" to any specific family member. Rather, USCIS will consider the following factors:
- Close family ties in the U.S. ;
- Unusual hardship to the applicant or to lawful permanent residents or U.S. citizens, including relatives, and employers;
- Deprivation of livelihood to a bona fide crewman who has not abandoned that calling;
- Evidence of reformation and rehabilitation;
- Length of lawful residence in the U.S. , and status held during that residence;
- Evidence of respect for law and order, good moral character, and intent to hold family responsibilities;
- Considerable passage of time since deportation;
- Deportation for less serious reason(s);
- Absence of significant undesirable or negative factors;
- Eligibility for waiver of other exclusionary grounds;
- Likelihood that lawful permanent residence will ensue in the new future.
- Some unfavorable factors USCIS will consider
- Evidence of moral depravity, criminal tendencies reflected by an ongoing or continuing police record;
- Repeated violations of immigration laws, willful disregard for other laws;
- Likelihood of becoming a public charge;
- Poor physical or mental condition (however, a need for treatment in the U.S. for such condition would be a favorable factor);
- Previous instances of fraud in dealings with service or false testimony;
- Absence of close family ties or hardships;
- Spurious marriage to a USC for the purpose of gaining an immigration benefit (204(c) applies and waiver cannot be granted);
- Unauthorized employment in the U.S. ;
- Lack of skill for which labor certification could be issued;
- Serious violations of immigration laws which evince a callous attitude without hint of reformation of character.