logo
0%

Everything You Need to Know About the Form I-212 Process

form I-212
(Last Updated On: December 5, 2023)

Who Needs to File Form I-212?

A person’s moral character plays a pivotal role in navigating the complex immigration process over a period of time. When individuals seek an adjustment of status through the U.S. Customs and Border Protection or pursue immigration benefits with the U.S. Citizenship and Immigration Services, their moral character becomes a critical factor. In cases where a prior criminal record exists, applicants may need to submit an I-212 waiver application or an I-601 waiver to overcome potential obstacles. The adjudication of these waivers often involves evaluating evidence of reformation and assessing the significance of family ties, emphasizing the transformation and rehabilitation of the individual seeking an immigrant visa. Successfully demonstrating a positive moral character, supported by compelling evidence, can significantly influence the outcome of immigration proceedings.

If you have been previously deported, removed, or otherwise found inadmissible to the United States, you may need to file a Form I-212 to return to the country. This form is the Application for Permission to Reapply for Admission into the United States After Deportation or Removal. It is designed to allow individuals found inadmissible to return to the U.S. after some time or after addressing any immigration violations or negative factors that contributed to their inadmissibility. If you are subject to a removal proceeding or have already been deported, you will likely need to file an I-212 Waiver before returning to the United States. This waiver will allow you to seek permission to return, even if you were removed due to grounds of inadmissibility.

In many cases, the release will also require evidence of rehabilitation or other mitigating factors that demonstrate your ability to comply with immigration law in the future. When filing Form I-212, providing all necessary documentation to support your case is essential. This may include evidence of extreme hardship to family members who are U.S. citizens or lawful permanent residents, family responsibility in the United States, or other compelling factors that support your request to be readmitted. You may also need to provide evidence of rehabilitation or steps to address any immigration violations or negative factors contributing to your inadmissibility. If you need to file Form I-212, you should know the application has a filing fee. This fee can be paid by personal check or credit card and is payable at the time of filing. Additionally, it would be best if you were prepared to undergo a visa interview and provide additional evidence as requested by USCIS or the consular office where you will apply for a nonimmigrant visa.
Overall, suppose you are seeking to return to the United States after previous deportation or removal. In that case, it is essential to understand the I-212 application process and to work with an experienced immigration attorney to prepare your case and provide the necessary evidence to support your request for readmission. Read more about the USCIS forms and translation.

Navigating the intricate terrain of immigration involves considerations such as subsequent removal, visa applications, and processing times. Applicants often find themselves dealing with the Department of Homeland Security, where the assessment of favorable factors becomes crucial, especially in the context of criminal histories. The application process may entail fees, such as the application fee for Form I-485 or the Immigrant Petition for Alien Worker. In cases where a prior removal order exists, applicants might need to submit a Form I-212 application to seek permission for reapplication. Additionally, for those facing unlawful presence issues, the Form I-601A provides a waiver option, highlighting the intricate and multifaceted nature of the immigration journey.

When engaging with the U.S. immigration system, applicants are confronted with various fees associated with immigration benefits, known as immigration benefit fees. These fees cover the costs related to immigration benefit applications and help establish a cost baseline for administrative processes. Additionally, there are opportunity costs to consider, reflecting the potential benefits or earnings an individual might forego during the application period.

In certain cases, applicants may explore the application for waiver to alleviate the financial burden. Special immigrant visas, such as those associated with the Regional Center Designation under the Immigrant Investor Program, may incur additional costs. Understanding the full spectrum of immigration-related fees is essential for applicants to make informed decisions and navigate the financial aspects of their immigration journey effectively.

Foreign investors and individual investors engaging in the Immigrant Petition by Alien Entrepreneur or the Immigrant Petition for an Alien Worker can expect a comprehensive fee review from the Department of State, ensuring charges for services like naturalization align with the adequate level of background checks and level of service.

The application for status, whether to Register Permanent Residence or Adjust Status, involves considering historical records, economic impacts, and the average impact over a 12-month period. To maintain a high percent confidence level, a representative sample is essential, meeting the criteria set by OMB Circular A-25, while taking into account entity matches and non-matched entities to establish an accurate assessment of annual revenue and minimum sample size for various financial instruments.

The current operating levels at the U.S. Citizenship and Immigration Services, under the Department of Homeland Security, play a crucial role in the analysis of entity data, particularly when processing a Petition for classification or an I-212 waiver, ensuring the effective management of LPR status and adherence to proposed fee increases.

Adoptive families, fee-paying applicants, and those applying for Genealogy Records or an Application for Travel Document may experience variations in the average increase or a reduced fee increase, impacting sales revenue and reflecting the Convention Country regulations during the performance of biometric services. When pursuing an adjustment of status, applicants must navigate a specific time period and be mindful of immigration benefit request fees, administrative costs, and charges to asylum applicants, all of which contribute to the current level of services, while also being subject to entity analysis and random sample considerations during the performance of biometric services.

form 212
i-212 waiver approval

When to File Form I-212

If you have been removed or deported from the United States, you must file Form I-212 to seek permission to re-enter the country. This applies to those ordered dismissed by an immigration judge, deported by the U.S. government, or left the U.S. under a grant of voluntary departure. It is important to note that even if you were removed from the United States and did not receive a formal order of removal or deportation, you may still need to file Form I-212 if you plan on returning to the country. This applies if you were stopped at a port of entry and returned to a foreign country. The process of filing Form I-212 can be complex, so it is recommended to consult with an experienced immigration attorney. They can help determine if you need to file Form I-212 and when is the best time to do so. Filing too early or too late could impact your chances of obtaining permission to re-enter the United States. It is essential to keep in mind that filing Form I-212 does not guarantee approval to re-enter the country. The U.S. government will consider several factors, including the reason for your previous removal or deportation, your current circumstances, and your ties to the United States.

In some cases, you may be required to demonstrate that your re-entry is in the best interest of the United States. This may require additional documentation or evidence to support your case. An immigration attorney can assist in gathering and presenting this information. Overall, it is crucial to carefully consider when to file Form I-212 if you seek permission to re-enter the United States after a previous removal or deportation. Consulting with an immigration attorney can help you navigate the process successfully and increase your chances of a favorable outcome.

How to File Form I-212

Now that you know who needs to file Form I-212 and when it should be filed, it’s time to look into the steps required to file the form.

  1. Obtain a Copy of the Form

The first step in the process is to obtain a copy of the Form I-212. This form is accessible on the USCIS website to download and print it.

  1. Fill Out the Form Completely

Once you have the form in hand, the next step is to fill it out completely and accurately. Ensuring that all the information on the form is correct and up-to-date is essential.

  1. Submit the Form with the Appropriate Fee

After filling out the form, you must submit it with the appropriate fee. The fee for Form I-212 varies depending on the situation, so make sure to check the USCIS website for the latest fee information.

  1. Include Supporting Documents

You may also need to submit supporting documents along with the form and fee. These documents could include proof of your relationship to a U.S. citizen or legal permanent resident or evidence that you have lived outside the U.S. for some time.

  1. Wait for a Decision

After submitting Form I-212 and any required supporting documents, you must wait for a decision from USCIS. This decision can take a few weeks to several months, so it’s essential to be patient and prepared for a potentially lengthy process.
Following these steps, you can successfully file Form I-212 and return to the United States. Remember, this form is only one step in a much larger process, so knowing all the requirements and timelines is essential.

I-212 waiver
percentage of waiver i-212 approved

What Happens After Filing Form I-212?

After filing Form I-212, several things may happen depending on your situation. First, you will receive a receipt notice from USCIS indicating that your form has been received and is being processed. This notice will provide you with a case number, which you can use to track the status of your application online. Next, USCIS will review your case to determine whether or not you meet the eligibility criteria for admission or re-entry to the United States. If USCIS determines that you do not meet these criteria, your application may be denied, and you may be barred from entering the United States for a specific period. If your application is approved, you will receive a letter of approval from USCIS. This letter will provide instructions on what to do next, including how to obtain any necessary travel documents and schedule your visa interview (if required). If your application is denied, you may be able to file an appeal or request a waiver of the inadmissibility grounds. It is essential to seek the advice of an experienced immigration attorney if your application is denied, as the appeal and waiver process can be complex and challenging to navigate without legal guidance.

Overall, the Form I-212 process can be lengthy and complex, but with careful preparation and the help of an experienced immigration attorney, you can increase your chances of success. Remember to file your form on time, provide all required documentation and information, and seek the advice of an attorney if you encounter any obstacles or challenges along the way.

What Are the Penalties for Not Filing Form I-212?

The consequences for not filing Form I-212 can be severe. First and foremost, if you are found inadmissible, you may be barred from entering the United States for a certain period. This can range from a few years to a lifetime ban, depending on the circumstances of your case.

Additionally, you could be detained or removed from the country if you attempt to enter the United States without the necessary approval. This can result in being separated from your family and losing your job or other important aspects of your life. Not filing Form I-212 can also have long-term consequences. Even if you can eventually enter the United States, you may find obtaining certain benefits or privileges, such as permanent residency or citizenship, complicated. It’s important to understand that filing Form I-212 is not just a legal requirement but a way to protect your future opportunities and prevent further consequences. If you are unsure about whether you need to file this form, it’s recommended that you consult with an experienced immigration attorney who can advise you on your specific case.

Form Types

The process of acquiring U.S. citizenship involves a range of essential form types. For individuals who have completed military service, exploring options tied to their service record may be significant. The certificate of naturalization stands as a key document for those who have successfully become U.S. citizens. Additionally, individuals born abroad to U.S. citizen parents often need the certificate of citizenship to establish their status. Various forms, such as Form I-924, Form I-90, Form I-131, Form I-924A, Form I-600, Form I-129, Form I-360, Form G-1041A, and Form G-1041, cater to diverse immigration needs. Fee adjustments, including the premium processing fee, are considerations for expediting applications through premium processing services. Understanding the intricacies of these form types is crucial for applicants to fulfill specific requirements based on their unique circumstances.

The percent confidence interval is a crucial metric in assessing the share of costs associated with economic growth, and in immigration adjudication, Forms G-1041, G-1041A, and other forms, such as Form I-192, Form I-751, Form I-602, Form I-942, and Request for Action on Approved Form N-565, are subject to a three-level fee structure, incorporating biometric service fees and a service charge, ensuring adequate service over a biennial period. Additionally, the Application for Regional Center Designation Under the Immigrant Investor Program requires careful consideration of percent weighted factors and compliance with the bar on reentry regulations in the immigration office.

Frequently Asked Questions

Form I-212 is an application for permission to reapply for admission. It is used by individuals previously deported, excluded, or removed from the U.S. and seeking permission to return.

In some cases, you may be able to request expedited processing of Form I-212 if you can demonstrate an urgent need or exceptional circumstances. However, USCIS generally has strict criteria for expediting applications, and not all requests are granted.

To file Form I-212, you must complete the form with accurate information, provide the required supporting documentation, and pay the filing fee. The completed form and supporting documents must be mailed to the appropriate USCIS office.

The specific supporting documents may vary depending on individual circumstances. Still, generally, you will need to provide evidence of your eligibility for admission, such as your passport, birth certificate, and proof of ties to the U.S. You may also need to submit documents explaining the circumstances of your removal or deportation.

As of my knowledge cutoff date is September 2021, and the filing fee for Form I-212 is $930. However, USCIS fees can change over time, so you must check the USCIS website or consult an immigration attorney for the most up-to-date fee information.

If we can help you with any questions, please feel free to contact us

payment-image

Our privacy policy

Keep in touch

         

Contact Us 24/7

USA
Translation office in Miami
Request quote