Immigration Services

We help businesses, families, and individuals navigate the immigration process and reach their goals

Corporations / Employees
If you have been removed or deported from the US, you are considered inadmissible and will be barred from applying for a visa for 5, 10 or 20 years, or in some cases permanently, depending on the reason for the removal. If you are otherwise eligible for a visa, you can ask for ‘permission to reapply’ to reenter before the expiry date of your inadmissibility by filing Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal with USCIS.
Family Based Immigrant Visas
You will not be allowed to return to the US until your I-212 application has been filed with the DHS and is subsequently approved. Failure to do so can result in your permanent inadmissibility from the US.
IIndividuals who have been inadmissible under sections 212(a)(9)(A) or 212(a)(9)(C) of the Immigration and Nationality Act (INA) can apply for the I-212 waiver. The person should file Form I-212 waiver from outside of the US and will need to remain abroad for a continuous period of time. You need to file Form I-212 with either Customs and Border protection (CBP), DOS or USCIS, depending on where you are and how you intend to enter the US.

USCIS exercises discretion when adjudicating I-212 waiver requests for permission to reapply. The following may be considered positive factors:

Deportation basis
Deportation recency
Length of residency of foreign nation in the US and the visa status
Ties and family responsibilities in US
Foreign nationals respect for law and order
Hardship involving the applicant
Evidence of moral character or the foreign national 
Need for the services of the foreign national
Evidence of rehabilitation and reformation
Eligibility for the waiver

The reviewing agency will explore your ground of inadmissibility and consider the kind of bar that you might be facing. There might be a chance that you have knowingly or unknowingly committed multiple immigration violations. If you have ever been deported from the United States, it is recommended to get in touch with an expert immigration attorney to evaluate if you need to file a I-212 waiver before attempting to enter the United States. Even after you get an approval for waiver I-212, you will need to travel back to your home country and go through the Consular Processing steps in order to get an immigrant visa.

The process of applying for waiver I-212 is complicated, and the chances for a denial are high without expert guidance. Book a consultation with an immigration attorney from Rijal Law Firm to discuss your situation in depth before you file your application. By doing it you will be able to optimize your chance of successfully reentering the US: our attorneys will help you file the waiver correctly and ensure that all the required evidence and documents that relate to deportation, exclusion, or removal proceedings initiated against you are addressed, including any final orders of exclusion, removal, or deportation.

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