Anyone who has been deported or removed from the United States is inadmissible to the United States unless they have remained outside of the United States for five consecutive years since the date of deportation or removal. If they have been convicted of an aggravated felony, he or she must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States. Any alien who has been deported or removed from the United States and is applying for a visa, admission to the United States, or adjustment of status, must present proof that he or she has remained outside of the United States for the time period required for re-entry after deportation or removal. The examining consular or immigration officer must be satisfied that since the person’s deportation or removal, the individual has remained outside the United States for more than five consecutive years, or twenty consecutive years in the case of an alien convicted of an aggravated felony. Any person who does not satisfactorily present proof of absence from the United States for more than five consecutive years, or twenty consecutive years in the case of having been convicted of an aggravated felony, to the consular or immigration officer, and any person who is seeking to enter the United States prior to the completion of the requisite five- or twenty-year absence, must apply for permission to reapply for admission to the United States.

We will need to provide to the reviewing officer statements and documentary evidence showing why the individual is eligible to come back to the United States.  The I-212 waiver gives hope to families separated and trying to come to the United States legally.

Success with this waiver requires a full understanding of the facts, the immigration law and the current policies regarding waivers.  Please contact our office to discuss if you need a I-212 waiver and how we can help you obtain your green card.