I-212 Waiver Questions and Answers

What is an I-212 Waiver? Why would I need one?

Its full name is “Application for Permission to Reapply for Admission into the United States After Deportation or Removal,” which gives a clue about its purpose. If you have left the country under a removal order and you want to come back, you will need to apply for this waiver. However, you do not need one if you followed an order of Voluntary Departure. You can also be ‘inadmissible’ for other reasons, such as having certain diseases.

How Can I Be Eligible for an I-212 Waiver?

Unlike many other immigration applications, this one does not require that you have a “Qualifying Relative” or that they would experience “Extreme Hardship.” This waiver relies on the discretion of the judge and the personal character of the person applying for a waiver. You must show that you would somehow be a benefit to the United States.

If My Waiver is Granted, Can I Get a Green Card?

No. At least not directly. This waiver only allows you to apply for a visa. It may be a step on the path to a Green Card, but it is not directly tied to it.

How Much Does it Cost? How Long Does the Process Take?

The Filing Fee is $930. Unlike many other applications, USCIS does not have a consolidated Service Center, so the process is not efficient and can vary widely depending on where you are. In some places, your application could be approved in 3-6 months; in others, it might take over a year.

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