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ResourcesVisa & Immigration LawUS Immigration LawI-212 Waivers: Consent to Reapply for Admission to USA

I-212 Waivers: Consent to Reapply for Admission to USA

Transcript of the above video:

As the title of this video suggests we are going to be discussing the I -212 Consent to Reapply for admission to the United States; sometimes it is called an I-212 Waiver.

An I-212 is somewhat similar to an I-601 in that one has oftentimes previously, in both cases, in both the context of an I- 601 and an I -212, one has been previously found inadmissible to the United States in some context. Now in an I-212, it is slightly different; I will get into that in a minute. It should also be noted that an I-212 may occur in conjunction with an I-601 waiver and I will get to that further in a moment. To quote directly from the INA directly, and I'm taking this from the USCIS website uscis.gov. Under section 212 (a)(9)(a) of the ACT, "an alien who was deported, excluded or removed under any provision of law is inadmissible if the alien seeks admission to the United States during the period specified in section 212 (a)(9)(a) of the ACT unless the alien obtains consent to reapply for admission during this period". Let me give an example of what we're talking about and the section 212. Basically those who have been subject to what is called "expedited removal, or expedited deportation” from the United States are probably going to go ahead and need an I-212 in the five years following their removal. Pursuant to a prior amendment to the overall immigration apparatus, or the overall code under which immigration law operates, there was the creation of so-called “expedited removal”. It was essentially like deportation proceedings that just happened at the border if you will, when someone is trying to enter. The result of being removed under such proceedings is that the individual is ineligible to return to the United States for at least five years after the removal. There are different circumstances that may dictate certain time periods under which one may be found inadmissible but the rule of thumb that I go by is 5 years in an I-212 context. That being said, in an expedited removal proceeding, I see this happen rather frequently in an expedited removal context, an individual may be found to have committed fraud and misrepresentation during an interview with an Immigration Officer and if a finding such as that has occurred, that is a legal ground of inadmissibility on top of the I-212 so you are going to have to deal with an I-601 waiver for fraud and misrepresentation; there is another video on this channel that discusses I-601 waivers and fraud and misrepresentation specifically but the thing to take away is in that situation an I-212 might need to be undertaken in conjunction with the 601 so you have got two different kinds of sort of waiver like remedy operating at the same time. Again this is most, you are mostly going to be dealing with I-212s in the context of a prior deportation, expedited removal. In some cases Immigration Officers, especially US Customs and Border Protection, usually due to timing constraints and resource constraints, they may ask an individual if they want to voluntarily depart the United States and if they are allowed to voluntarily depart I-212 may not apply, but with respect to expedited removal, yes you are going to have to deal with I-212 and I-212 can operate, you may have to deal with an I-212 in conjunction with an I-601.