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Do I need to complete I-212?

Miami, FL |

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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Attorney answers 5

Posted

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.

Asker

Posted

Yes I was ordered removed by an immigration judge for overstayed. Never had a criminal record. I have read a lot about having to complete I212 even if the 10 years have passed. Now I am confused. Some attorneys said that it is not needed if the 10 years have passed.

Jose Bernardo Lovo

Jose Bernardo Lovo

Posted

The I-212 is not needed if the bar from admission has passed. The whole purpose of the I-212 is to waive the bar. If you overstayed while you were in the US, you might need another waiver--one for unlawful presence under 212(a)(9)(B).

Posted

It depends on the basis for your deportation. If there were criminal or fraud grounds, you may need an I-601.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

I was deported for overstayed. Never had a criminal record.

Stephen D. Berman

Stephen D. Berman

Posted

I don't believe you need any waiver. Stephen Berman Attorney at Law Immigration Attorneys, LLP 8989 N. Port Washington Rd., Ste 201 Milwaukee, WI 53217 Tel. 414.939.8099 Fax 414.939.8098 Sent from my wireless device This e-mail and any attachments thereto, is intended only for use by the named addressee(s) and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you received this e-mail in error please immediately notify the sender, at Immigration Attorneys, LLP by sending a reply e-mail or by phoning the sender at 312.661.9100 and permanently delete the original copy and any copy of any e-mail, and any printout thereof. Thank you.

Posted

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.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

Asker

Posted

I was deported for overstayed. Never had a criminal record. I have read a lot about having to complete I212 even if the 10 years have passed.

Alice Antonovsky

Alice Antonovsky

Posted

Based on what you are saying you do not need to do a 212 waiver.

Posted

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
3145672010

Asker

Posted

I was deported for overstayed. Never had a criminal record.

Posted

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.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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