Asked 5 months ago - Miami, FL
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I was deported on 2003 . I never had a criminal record. All my children are US citizens and live in the US. I am planning to go back to the US since this year its 10 years since I was deported. I am confused with the forms. Do I have to complete I-212? If yes. When do I submit it?
Thank you
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Were you ordered removed by an immigration judge? The I-212 is used when the applicant applies for admission before the 10 or 5 year bars have expired. The I-212 is basically a waiver under 212(a)(9)(A). If the bars was for ten years and that time has passed, then the I-212 is not needed. Definitely speak with an attorney before making any moves.
It will all depend on whether or not your were ordered deported and what that order said. If you had a bar for 10 years and the 10 years have passed, you would not need an I-212 waiver. However, in situations such as yours it is crucial to speak to an immigration attorney who can review your situation in its entirety and advise you of your options and the procedure. Good Luck.
Generally speaking, iif you were deported for simply being an overstay then the period of inadmissibility associated with the deportation is 10 years. If you are applying for admission to the U.S. more than 10 years after you physically departed the U.S. then you should no require a waiver for your prior deportation since the period of inadmissibility would have elapsed.
Keep in mind, however, that you still need to qualify for an appropriate visa to enter the U.S. The fact that you have a prior deportation on your record will complicate the process notwithstanding the fact that the 10 year period may have run.
Consult with an experienced immigration attorney who can review the facts of your case, advise you of the options available, and recommend an appropriate course of action. Many attorneys, including myself, will conduct consultations for clients our of their local area by telephone or Skype.
Usually the waiver is to waive the conditions of inadmissibility in your case. The deportation was due to an "illegal" condition that was adjudicated by an IJ. You need a waiver to waive the inadmissibility and return to the US.
Pari@parisheth.com
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