I-212 Waiver

Foreign nationals who have been determined to be inadmissible for entry into the U.S. may be able to overcome their inadmissibility through filing an I-212 waiver. This waiver serves as a permission to reapply for legal entry into the U.S. Foreign nationals who have been removed from the U.S. may also file an I-212 waiver to allow them to re-enter the U.S. before the end of their designated period out of the country. When reviewing an I-212 waiver, the USCIS will consider an applicant’s moral character, familial responsibilities, job status, as well as the reason for their deportation, among many other items. There are several reasons why the government could deny a foreign national’s entry to the U.S. They include the following:

Health-Related Grounds

To help avoid the possible spread of disease in the U.S., the government has established certain health-related grounds for inadmissibility. These include communicable diseases, failure to have immunizations, drug addictions, and dangerous disorders. 

Criminal Grounds

In the interest of public safety, there are strict regulations and laws prohibiting individuals with certain criminal histories from entering the U.S. As an example, crimes of moral turpitude, and certain drug-related offenses, could stop a foreign national from being able to visit or emigrate to the U.S. Other criminal grounds that can bar a foreign national from entering the U.S. include engaging in prostitution, having multiple criminal convictions with a total of five years or more of jail time, money laundering, and participating in sex or drug trafficking.

Unlawful Presence

Entering the U.S. illegally could also result in an automatic 5-year bar. A foreign national could also lose any future chance of legal immigration to the U.S. However, getting approved for an I-212 waiver can help a foreign national to overcome their inadmissible status. It can be extremely difficult for a foreign national to remain outside the U.S. if they have a spouse, children, or other loved ones in the U.S.

Having an approved I-212 waiver can help the foreign national to overcome a temporary or permanent bar from the U.S. Those who remain outside of the U.S. for the entire time of their temporary ban do not need to file this waiver. It is only for foreign nationals who wish to return to the U.S. before the inadmissibility bar comes to an end.  Our attorneys at US Immigration Law Counsel can review the circumstances of your case to determine whether or not you may qualify for an I-212 waiver. They can also help you handle the timing of your waiver. Sometimes, you can only file a waiver after you are determined to be inadmissible. At other times, you may apply with your adjustment of status, immigrant, or nonimmigrant paperwork. Our attorneys can guide you through the full process.