I-212 Waiver

The I-212 waiver lets individuals who were deported or barred from the U.S. request permission to return early. It is for those with valid reasons to reenter before the end of their inadmissibility period.

All Options

What Is an I-212 Waiver?

The I-212 Waiver, officially titled Application for Permission to Reapply for Admission into the United States After Deportation or Removal, is a legal remedy that allows certain foreign nationals to request reentry to the U.S. after being deported or deemed inadmissible. This waiver gives individuals the opportunity to overcome a temporary or permanent bar on reentry—before their designated period of exclusion has expired.

Filing for this waiver does not guarantee approval, and applicants must demonstrate strong reasons for their return, such as family ties, employment, or humanitarian needs. U.S. immigration authorities review the applicant’s moral character, deportation history, rehabilitation efforts, and personal circumstances when making a decision.

Who Needs to File an I-212 Waiver?

This waiver is required for foreign nationals who:

Were deported or removed from the U.S.
Departed the U.S. after being issued an order of removal
Wish to reenter the U.S. before their bar on admission expires (typically 5, 10, or 20 years)
Are subject to certain grounds of inadmissibility under the Immigration and Nationality Act (INA)

If you serve the full period of your inadmissibility outside the U.S., you do not need this waiver. But if you want to return early, you must apply for the I-212.

Common Grounds for Inadmissibility

Here are a few common reasons someone may be barred from entering the U.S., potentially requiring an I-212 waiver:

Health-Related Grounds

Individuals may be denied entry if they have:

Communicable diseases of public health significance
Incomplete vaccination records
Physical or mental disorders posing a safety threat
Drug addiction or abuse

Criminal Grounds

Certain criminal offenses can lead to inadmissibility, including:

Crimes of moral turpitude
Drug-related crimes
Multiple convictions resulting in five or more years of imprisonment
Prostitution
Money laundering
Involvement in sex or drug trafficking

Unlawful Presence

Being unlawfully present in the U.S. for:

More than 180 days may lead to a 3-year bar
More than 1 year may result in a 10-year bar
Reentering illegally after deportation can result in a permanent bar

If you wish to return before serving the full term of these bars, an I-212 waiver may be required.

When and How to Apply

Depending on your immigration pathway, the I-212 waiver can be filed:

After a determination of inadmissibility by USCIS or CBP
Alongside another immigration application, such as an adjustment of status, nonimmigrant visa, or immigrant visa petition

Timing is critical. In some cases, you can only apply after you’ve been found inadmissible; in others, you can file proactively. Working with an experienced immigration attorney can help you avoid mistakes and ensure proper filing.

Why Legal Support Matters

Applying for an I-212 waiver involves complex immigration laws, supporting documentation, and strict filing requirements. An immigration attorney can:

Help evaluate whether you are eligible
Gather and organize evidence of rehabilitation, hardship, and family impact
Assist in drafting a strong case for why reentry should be granted
Guide you through interactions with USCIS or the consulate

If you’ve been removed from the U.S. and want to return sooner than allowed, this waiver may offer a path forward.

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FREQUENTLY ASKED QUESTIONS

Q1: Can US Immigration Counsel help me get a green card through family or marriage?
Yes. Whether you’re married to a U.S. citizen, have a relative sponsoring you, or need to adjust your status, we handle family-based green card cases with care and precision.

Q2: I’m facing deportation—can US Immigration Counsel defend me?
Absolutely. We fight deportation and removal cases in immigration court, build strong defenses, and pursue every legal option to protect your right to stay.

Q3: I’m applying for asylum or a humanitarian visa. Can she help?
Yes. We represent clients in asylum, VAWA, U Visa, and TPS cases—providing strong legal and emotional support throughout the process.

Q4: I want to become a U.S. citizen. Can US Immigration Counsel help me with naturalization?
Definitely. We guide clients through every step of the naturalization process, from preparing documents to interview coaching.

Q5: Can US Immigration Counsel help with immigration waivers or appeals?
Yes. If your case was denied or you need a waiver to move forward, we’ll review your options and build the strongest possible application or appeal.

Q6: I’m an employer looking to sponsor a foreign worker. Can you help?
Yes. We assist businesses and individuals with employment-based immigration, including work visas and green card sponsorship.

Q: Can US Immigration Counsel help me bring a spouse, child, or parent to the U.S.?
Yes. Family-based immigration is one of our core strengths. Whether your loved one is already in the U.S. or abroad, we’ll guide you through every step to bring them home legally and securely.

Q: What if I already filed something on my own or with another lawyer?
No problem. We frequently help clients who started elsewhere or alone. We’ll review everything and let you know the smartest next step.

Q: Can I petition for family if I’m not a U.S. citizen?
Depending on your current status, you may still qualify. During your consultation, we’ll explore all your options and determine the best path forward.

Q: I got a court notice—what should I do?
Contact us right away. Time is critical. We’ll review your case and act fast to protect your rights and build the strongest possible defense.

Q: Can US Immigration Counsel represent me if I’m in another state or in detention?
Yes. We represent clients across the U.S. and even those currently in immigration custody. Wherever you are, we’re ready to help.

Q: What if I already lost my case?
There may still be legal options. Appeals, motions, or reopening your case could be possible—we’ll analyze everything and guide you on your next move.

Q: Do I have to be in Florida to work with US Immigration Counsel?
Not at all. Immigration law is federal, which means we can represent you whether you’re in another state or anywhere in the world. Our clients come from across the U.S. and beyond.

Q: Can we do everything remotely?
Yes. From virtual consultations to secure document sharing, our firm is fully equipped to support you no matter where you are. You’ll receive the same care and expertise as if you were sitting in our office.