Book Now Email Us Now
(617) 902-0100

If you have been deported or removed from the United States and want to return, you cannot do so without filing an I-212 Waiver, often called a “permission to reapply.” Under the Immigration and Nationality Act (INA), specific time periods are enforced upon foreign nationals who are deported from the United States. They cannot apply for readmission for specific periods of time unless they file I-212 Waivers. Some deportations are permanent, requiring an I-212 Waiver if the foreign national wants to return to the U.S. no matter how much time has elapsed since his or her deportation.

If you want to return to the U.S. but are not yet admissible, now is the time to talk to a Boston I-212 Waiver attorney at Gorton Law LLC. With our immigration waiver lawyer’s experience in this area of law, we can determine if you are eligible and help you prepare your application, present your case, and seek the best possible result.

Who Should File an I-212 Waiver?

If you are a non-citizen who was deported or removed from the U.S., there are specific time limits enforced by the INA. You may not apply for readmission until these time limits are up, unless you file an I-212 Waiver.

As a foreign national, you cannot apply for readmission until the following time periods have elapsed:

  • 5 years, if you were deported as an arriving alien (if deportation proceedings were initiated upon your arrival to the U.S.)
  • 10 years, if you were deported after a standard deportation hearing or if you left the U.S. under an outstanding order of removal.
  • 20 years, for second or subsequent removals.

The following will render a non-citizen permanently inadmissible, requiring an I-212 Waiver no matter how much time has passed:

  • A conviction for an aggravated felony
  • An attempt to illegally enter the U.S. after deportation
  • Unlawful presence in the U.S. for more than one year prior to being deported

I-601 and I-601A Waivers may apply for other grounds of inadmissibility.

Who Is Eligible for an I-212 Waiver?

I-212 Waivers are discretionary, and this means that the U.S. government is under no obligation to approve an application. They will, however, consider specific factors when determining whether to approve a waiver.

Such factors include, but are not limited to:

  • The reason the applicant was deported in the first place
  • How long it has been since the applicant was deported
  • Whether the applicant was legally in the U.S. at one time, and if so, for how long
  • Evidence of rehabilitation/rehabilitation
  • Whether the applicant is admissible under other areas of immigration law
  • If the applicant’s removal is creating a hardship for U.S. citizen or lawful permanent family members
  • The applicant’s familial and professional ties to the U.S.