Application for Permission to Reapply to the United States After Being Deported or Removed.
If you are inadmissible under the section 212 ( a) (9) (A) or (C) of the Immigration and Nationality Act (INA, for its acronym in English), you must ask for consent to reapply for admission to the United States, before you can legally return to the United States. “Consent to reapply for admission” is also known as “permission to reapply.”
The duration of said inadmissibility is five years if the person in question was removed upon arrival in the United States, through removal proceedings.
The period of inadmissibility is ten years for those who underwent a deportation hearing and were later ordered to be removed from office, or who left the US on their own while there was still a pending removal order. Also, the inadmissibility can be 20 years for any subsequent deportation order.
However, you should be aware that if you are found guilty of a felony, your inadmissibility is forever (unlimited) and you must obtain an I-212 waiver despite the fact that you were not removed from the United States because of the felony conviction or felony conviction or that your felony conviction occurred after you’ve already been removed from the United States.
Attempting to re-enter the US
If you are a foreigner and your deportation has been ordered after you have been illegally present in the United States for a period exceeding one year, and you subsequently re-enter the United States, or you attempt to re-enter the United States Without going through the proper channels, then your inadmissibility would be permanent. You will then have to apply for an I-212 waiver to get permission to reapply for admission, but you can only do so after the 10-year period has passed since you last left the United States.
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The I-212 Waiver
However, in terms of the I-212 waiver, you can submit an application to reapply in terms of Section 212 (a) (A) ((iii) of the INA if you wish to return to the United States before the end of the prescribed exclusion period.
Factors that determine the success of I-212 waiver applications:
USCIS has primary discretion when it comes to evaluating I-212 waivers that request permission to reapply before the end of the exclusion periods. The following factors are taken into consideration when it comes to determining the granting of permission for early reintegration:
- The basis on which you were deported.
- How recently you were deported.
- The length of time you were in the United States at the time of your deportation and the status you had during that time.
- Whether or not you have family ties and responsibilities in the United States.
- Any evidence of good moral character.
- Your respect for law and order.
- Any evidence that you are reformed and rehabilitated.
- Evidence of hardship to you and others due to your deportation.
- If your services are required in the United States.
- If you have already obtained an approved immigrant or non-immigrant visa application.
- If there are no significant negative or undesirable factors affecting your readmission.
Negative factors affecting reentry:
- If there is evidence of moral depravity, this includes tendencies and a continuing criminal history.
- If you have repeatedly violated immigration and other laws.
- If there is a possibility that you cannot take care of yourself.
- If you have poor physical or mental health. Keep in mind, however, that if you need to be treated in the US for such a condition, this would actually be taken as a positive factor.
- If you have no family ties in the United States.
- If you have been unlawfully married to a United States citizen for the purpose of obtaining immigrant benefits.
- If you have been illegally unemployed in the US
- If you don’t have any skills for which labor certification could be issued.
- If you are in serious violation of the country’s immigration laws and show no signs of reforming.
- If there are other grounds for your inadmissibility in the United States.
In general, the I-212 consent to reapply for admission is issued if the foreign national is the beneficiary of an approved application for employment or family; if you have only been previously removed from the United States once; if you do not have a criminal record; if you have not violated immigration laws and if you can show that your deportation has caused hardship for your family or employer in the United States.
In the Law Office of Valdez, Monarrez & San Miguel we have the team you need to be able to take your case in the best possible way, call us and one of our lawyers will explain in detail what are the steps to follow in your case.