If you or a family member have been removed from the United States, you or your relative may need to apply for special permission from the government before being able to legally re-enter the U.S. Specifically, immigrants who were present in the U.S. for less than a year and were ordered removed at the border or by an immigration court within the U.S. are not allowed to re-enter the U.S. for 5 years in the case of a removal at the border, 10 years in the case of a removal by a U.S. immigration court within the U.S., or 20 years in the case of multiple removal orders. Similarly, immigrants who were present in the U.S. for more than a year, ordered removed by a U.S. immigration court, and then entered unlawfully a second time are permanently banned from re-entering the U.S.
However, in all these scenarios, the immigrant may also be eligible to ask the government for permission to re-enter the U.S. before the requisite number of years have passed. The application for permission to enter under these circumstances is called a 212 waiver, based on the immigration form number used to make the request. Immigrants who are eligible to file the 212 waiver request, asking that they be allowed to apply to re-enter the U.S. after being ordered removed before the required time has passed, must make a strong case for the government as to why they should be allowed to re-enter. Relief is discretionary, meaning that it is ultimately up to the government whether to allow an applicant to apply for re-entry, and government officials will consider all the evidence provided to them when evaluating a case. Things like why the immigrant was removed and how long ago, will be considered, as well as moral character, criminal history, and ties to the U.S., like children, spouses, or other relatives who are U.S. citizens or lawful permanent residents.
The waiver does not apply in all cases, so if you or your relative have ever been ordered removed or convicted of any crimes, please contact us so we can help you or your family member better understand your immigration options.
Comments