divorce

According to U.S. immigration law, people who have been removed from the USA may not be re-admitted to the USA for a specified period of time unless they apply for and are granted permission to reapply for admission.

Permission to Reapply for Admission is done by submitting Form I-212 along with supporting documents and the filing fee. If approved, the applicant will receive an I-212 waiver.

This is uncomplicated in theory – in practice, not so much. Not all individuals who have been deported will benefit from filing I-212.   It depends upon the circumstances under which your husband was deported.

An individual who has been ordered removed from the United States after an Immigration Judge has made a finding of fraud (which imposes a lifetime bar to entering the U.S.) will require an I-212 waiver application AND either an I-601 waiver application (if the individual is applying for an immigrant visa) or an I-192 waiver application (if the individual is applying for a nonimmigrant visa).

The I-212 application, if granted, would waive the prior removal. The I-601 or I-192 application, if granted, would waive the fraud on grounds of inadmissibility.

Also specific time periods may bar re-admission.  For example,   individuals who are removed in an expedited removal proceeding or through removal proceedings initiated upon the individual’s arrival in the USA must wait five years.  There is a 10-year waiting period for individuals removed after a removal hearing before an immigration judge or for individuals who departed the USA while an order of removal was outstanding.  There is a 20-year waiting period for individuals who have been ordered removed more than once.

There are no specific statutory standards to be met, and applications are considered on a case-by-case basis.   can assist you in building your case.  Some of the determining factors include:

§  Basis for deportation

§  Moral character of applicant

§  Family responsibilities of applicant

§  Respect for law and order

Be aware that illegal re-entry after deportation or removal is a federal crime.  The penalty includes imprisonment of up to 2 years, or 10 years if the past removal was based on a conviction for 3 or more misdemeanors involving drugs, crimes against the person, or both, of a felony (other than an aggravated felony, for which the penalty can be 20 years).

Procedure for filing an I-212
Applicants filing an immigrant visa in the US (often with an I-601) should file the application with the USCIS district office that has jurisdiction over the location where the removal proceedings were held divorce. However, if the visa application is filed abroad, then the I-212 is filed with the consular post having jurisdiction over the applicant’s foreign residence.

If the applicant is seeking a non-immigrant visa, then the application is filed with the visa and 212(d)(3) application. The consular officer will forward the application to the USCIS district director over the place where the removal proceedings were held.

How long does it take?

Processing times for I-212 vary but in general 4 months is reasonable estimate with the USCIS.

Anytime someone has been deported and then later seeks to re-enter, the legal steps involved will be numerous and arduous. If you’re preparing to walk this path, you need expert, experience immigration legal counsel. In North Carolina, contact today to discuss I-212 applications with one of our experienced immigration lawyers.  We’ll be with you every step of the way.