I-212 Waiver Attorney
Foreign nationals who have been deported from the United States are temporarily or permanently barred from re-entry without prior government approval. However, the United States does allow deported foreign nationals to seek forgiveness and permission to renter the United States by filing an I-212 waiver.
There are no guarantees your waiver will be approved. Immigration officials are naturally hesitant to allow someone back into the United States after they have broken immigration laws. That’s why applying for legal re-admission to the country can be a lengthy, complicated legal process.
Retaining an experienced immigration attorney before submitting your paperwork can help you prepare for the complex process of re-admission and drastically improve your chances of re-admission. Keep reading to learn more about the I-212 process and the risks of re-entry after deportation.
Deportation and Bans on Re-entry
When the United States Customs and Immigration Services (USCIS) deports a non-citizen from the country, it is very difficult to obtain another visa permitting re-entry.
Typically, the government imposes a ban on re-entry for anywhere from five years to permanently. The length of your ban depends on why you were deported and the types of violations you may have committed.
You can be deported for:
- Falsifying documents
- Entering the country while inadmissible
- Obtaining a green card while inadmissible
- Violating the terms of your immigration status
- Being charged with certain criminal offenses
- Failing to register with immigration authorities as required
- Being identified as a security threat
Waivers are available for each of these grounds for removal—with one exception. If you are considered a threat to national security, you cannot apply for re-entry.
Book a virtual consultation with Martinez Immigration today to avoid frustration and improve your chances for re-entry.
Can You Legally Reenter the U.S. Before the Waiting Period Expires?
Possibly. When a foreign national is deported or removed from the U.S, they cannot be readmitted or reapply for entry for anywhere from 5-20 years, depending upon the circumstances of their case. Some individuals are permanently barred from re-entry.
The I-212 waiver is one way to obtain permission to reenter the country legally during this period. The I-212 Form is the Application for Permission to Reapply for Admission into the United States After Deportation or Removal.
It allows foreigners currently banned from the country to get a waiver that allows them to apply for a visa, either as a visitor or resident. This nine-part form covers your personal information, reasons for application, biographical information, employment history, and much more.
The I-212 approval process is largely discretionary. Your results depend upon how compelling your application and cover letter are, and the strength of your supporting documents. A persuasive application that shows why you deserve to be in the U.S. is more likely to be approved.
As your immigration attorney, we build a strong case for re-entry with documentation to show your good moral character, rehabilitation of a crime, family ties to U.S. citizens, and connection to a family member who will be responsible for your conduct and/or finances.
Once the I-212 form has been filed, it takes between six and 12 months to hear back from USCIS. Once it’s approved, you can schedule another interview with the U.S. consulate or embassy to get your visa and start your journey back to America.
What Is Considered Illegal Re-entry?
After removal from the U.S., it is illegal to renter or be present in the country without prior permission from the government. You cannot enter the U.S. after:
- Being denied entry into the country
- Being removed, deported, or excluded from the country
- Leaving the country while under an order of removal, deportation, or exclusion
Despite these guidelines for illegal re-entry which are outlined in the Immigration and Nationality Act, unlawful presence is a complex issue and comes with some gray area. For example, a non-citizen may be deemed “unlawfully present” if they are in the country while waiting for their visa application to be approved or denied.
Please speak with us before you consider reentering or remaining in the U.S. illegally. Not only will we work to help you avoid fines, jail time, and permanent removal, but we also seek permission for you to return with an I-212 waiver.
Book a virtual consultation with Martinez Immigration today to avoid frustration and improve your chances for re-entry.
What Happens If You Get Deported and Come Back Illegally?
If you are deported from the U.S. and return or even attempt to return without permission, you can be arrested for Illegal Re-entry After Deportation. Illegal Re-entry is a federal felony, and the U.S. Attorney’s Office is aggressive when it comes to prosecution.
Penalties for illegal entry to the U.S. are severe. They depend on a few factors including the reason for your deportation and any crimes or other mitigating factors. An illegal re-entry conviction brings anywhere from 2-20 years in jail along with steep fines.
If you are removed following an aggravated felony, you will most likely be permanently barred from entering the U.S.
Can You Fight a Charge of Illegal Re-entry After Deportation?
Yes. Just like any other type of criminal charge, your immigration attorney can use various defenses to fight an illegal re-entry charge. At Martinez Immigration, we know that every client has a story.
We take time to understand your situation and why you or someone you love violated immigration policies to come to the U.S. After all, people reenter the U.S. unlawfully for many reasons. Some are motivated by job and educational opportunities, and others risk arrest to reunite with family members.
Depending on the details of your situation, we will challenge a previous order of removal if we believe it is unlawful. With a strong case, it may be possible to invalidate a prior order and have your illegal re-entry charges dropped.
Your charges may also be dropped if your right to due process was violated at any point. We conduct a thorough investigation to determine the best legal course of action for your specific situation.
Book a virtual consultation with Martinez Immigration today to avoid frustration and improve your chances for re-entry.
Do You Need an Immigration Attorney or Criminal Defense Attorney for Illegal Re-entry After Deportation?
Even though illegal re-entry is a criminal offense in the U.S., a criminal defense attorney may not be the ideal option for legal representation. U.S. immigration laws are constantly evolving and unless your attorney specializes in this area of law, they may know the most current policies and requirements.
Immigration law is especially complex. Someone focused on criminal defense may not fully grasp the intricacies of U.S. immigrational policies. While a defense attorney focuses on fighting your charges and keeping you out of jail, a skilled immigration attorney goes a step further to obtain permission for you enter the U.S. lawfully.
If you are facing a serious immigration issue, like an illegal re-entry charge, it makes sense to choose a firm that specializes in immigration law services.
How to Find an Immigration Attorney
Kathleen Martinez is a member of the American Immigration Lawyers Association, which offers a helpful online attorney referral service.
Keep in mind that because immigration laws are federal, you can work with a firm outside of your state. Martinez Immigration offers virtual services for clients across the country.
Online reviews are a good indicator of what you can expect if you hire an immigration attorney. Look for a firm with positive feedback from past clients who have achieved good results.
Book a virtual consultation with Martinez Immigration to discuss your immigration matter today.
Resolve Your Immigration Issues with Expert Legal Counsel
If you are deported or removed from the U.S., don’t give up hope. Re-entry after deportation may be possible with an I-212 waiver. At Martinez Immigration, award-winning immigration attorney Kathleen Martinez is committed to helping current immigrants and non-immigrants seeking re-entry after deportation.
As the spouse of a first-generation Mexican-American immigrant, and an employer who hires and empowers women and those in underserved communities, Martinez feels personally connected to her clients. She handles every case with skill and compassion.
Martinez Immigration is based in Allen, Texas and serves clients in the Dallas-Fort Worth Complex and across the United States. We speak English, Spanish, French, German, and Haitian-Creole.
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No Matter What your immigration needs or questions are…
We take great pride in providing immigration services to our clients. Our mission to reunite families drives us to succeed.
