I-212 (Time Bar) Waiver
The I-212 Waiver allows some individuals who would otherwise be barred from reentering the United States for a specified period of time (known as a period of inadmissibility or a “time bar”) to apply for permission to reapply for admission to the United States. The I-212 Waiver alone is not enough to obtain admission to the United States; it is always also necessary to file a petition for the specific type of visa that one wishes to obtain.
The I-212 Waiver can be used by individuals who have previously been deported or removed from the United States, or by individuals who voluntarily departed the United States after accruing six months or more of unlawful presence in the United States. Deportation or removal refer to the formal legal processes by which an individual is ordered to depart from the United States due to an immigration violation, while unlawful presence refers to the period of time when an individual is present in the United States without lawful status allowing them to be in the United States (such as a visitor’s visa, a green card, etc.).
For most eligible individuals, it is possible to apply for the I-212 Waiver at any time. For individuals who reentered the United States unlawfully during a period when they were barred from returning after previously having been deported, removed, or having accrued unlawful presence, it will be necessary to wait at least 10 years before filing the I-212 Waiver. This is true even if the individual has US citizen relatives, including a spouse or children, and even if the individual or their family members will face extreme hardship due to their inability to be present in the United States.
Without the I-212 Waiver, an individual who has been barred from reentering the United States for a period of time will not be able to successfully pursue a petition for any type of visa until the period of period of inadmissibility has ended.
If you are interested in learning more about applying for an I-212 Waiver, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.