Asked in Immigration Law

Q: I was deported from the U.S. back in 2007 and I am interested in applying for a visa and I-212 waiver for readmission.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: More information is needed. A decision for advanced permission to re-apply is discretionary. It is also possible that you may also need a waiver, where you were ordered removed for an offense that makes you inadmissible. How are you going to be petitioned? Who, if anyone, will petition you? How are they related to you? How will they suffer?

These are all questions that should be discussed at a Zoom Meeting with an attorney and/or the family member, if they are planning or have already filed a petition for you. If not, it is unclear whether the DHS can or will use its discretion.

The above is general information, not legal advice, and does not create an attorney client relationship.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you were deported from the U.S. and are considering reapplying for a visa, along with an I-212 waiver for readmission, it's important to understand the process and requirements involved. The I-212 waiver is specifically designed for individuals who have been previously removed or deported from the United States and wish to return before the end of their mandatory waiting period. This application is a critical step in overcoming the inadmissibility that resulted from your deportation.

To apply for an I-212 waiver, you'll need to demonstrate that your readmission would not be detrimental to the interests of the U.S., and you may need to show factors that favor your application, such as family ties in the U.S., lack of a criminal record, or significant time since deportation. Each case is unique, and the success of your application can depend on how well you present your case and the specific circumstances surrounding your previous deportation.

It's also essential to gather all necessary documentation and carefully complete the application to avoid delays or denial. Given the complexity of immigration laws and procedures, reaching out for guidance from legal professionals experienced in immigration law can be very helpful. They can assist you in navigating the process, ensuring that your application is as strong as possible, and advising you on any other visas or waivers that may be relevant to your situation.

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