I-212: Waiver of Bar to Reentry After Deportation

If you have been deported or removed from the United States or have unlawful presence that lasted 6 months or more, you could file for a chance to re-enter the U.S. Here's how:

• Fill out Form I-212 (if inadmissibility based on prior deportation)
• Fill out Form I-601 (if inadmissibility based on unlawful presence)
• Get all the needed paperwork and fees
• Submit your applications

Forms

• Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal)
• Form I-601 (Application for Waiver of Grounds of Inadmissibility)
• Form I-912 (if the applicant cannot afford fees)

Fees

• Form I-212 – $930
• Form I-601 – $930

Process

1. Fill out Form I-212

The form will need you to provide the following:

• Name, date, country of origin
• Birth certificate
• Any ID numbers given to you by Department of Homeland Security or USCIS
• Any names or aliases
• Name you used prior to your removal from the U.S. or last immigration court case
• Certification and signature
• If applicable, preparer's certification and signature
• Any spouses, children, or parents that are U.S. citizens

Also, you will need to give specific answers to the following questions:

• Why are you filling out I-212? The answer to this question needs to tell the reader why you were removed, how many times you were removed, and when you last left the U.S.
• Why were you removed/deported or voluntarily departed? You will need to say something about the circumstances of your time in the U.S. and how you were removed from the country.
• What kind of visa do you want to apply for? You will need to state the reason you want a specific kind of visa. Also in the application, say where you will be submitting your I-212 for receipt.

2. Fill out Form I-601

Form I-601 is an application to waive the unlawful presence bar.

3. Get all the needed paperwork and fees

Before submission, you will need to gather all paperwork related to your previous departure or removal from the U.S. Also gather proof of any relationships to U.S. citizens. This can be done by providing the following:

• Birth or marriage certificates to any relatives living in the U.S.
• Provide copy of green card, alien number, DOB, date of admission, place of birth, and place of admission for any relative who is a lawful permanent resident

4. Submit your applications

Gather all documents and fees for submission, and then send them in for approval. Form I-212 will tell you where you need to send it based on your circumstances.

Frequently Asked Questions About I-212

Why Would I Not Be Allowed Back in the U.S.?

• Removed upon arrival in the U.S.
• Placed in immigration court proceedings upon your arrival
• Left the U.S. willingly, but prior to receiving a ruling on your removal proceedings
• Been removed more than once from the U.S.
• Convicted of a felony

How do I get my application approved?

There is no guarantee your application will be approved. However, your application's chances of approval are increased with documentation and proof of hardship to a U.S. citizen or permanent resident relative. The more thorough your paperwork, including documentation of other relatives and the hardships they would suffer, the better your chances could potentially be.

If my I-212 is approved, do I get my old visa status?

No. If your I-212 is approved, then you only have permission to reapply.

Have More Questions About I-212?

Contact the immigration attorneys at the Law Office of Salmon-Haas. They have served people in San Antonio and beyond with a wide variety of immigration needs. They can help you work towards building the best possible case for your I-212 to be approved.