by Katie DeGrio Channing
Being removed or deported from the United States can be a scary event for individuals and their family. In some cases however, there is an opportunity for an individual to apply for a waiver of the removal order and return to the United States. Consulting with a Minnesota immigration attorney before making any final decisions regarding your case is highly recommended.
The Law
Sections 212(a)(9)(A)(i) and (ii) of the Immigration and Nationality Act (INA), Immigration and Nationality Act of 1952 (INA), Pub. L. No. 82-414, 66 Stat. 163 (codified as amended at 8 USC §1101 et seq.) provide that aliens who have been ordered removed may not be readmitted to the United States until they have remained outside the country for a specified period of time:
- Five (5) years for individuals removed through summary exclusion or through removal proceedings initiated upon the person’s arrival in the United States
- Ten (10) years for those otherwise ordered removed after a deportation hearing or who departed the United States while an order of removal was outstanding
- Twenty (20) years for a second or subsequent removal
Foreign nationals who wish to return to the United States prior to the passage of the required amount of time, as specified in §§212(a)(9)(A)(i) and (ii), must file an application for permission to reapply for early admission pursuant to INA §212(a)(9)(A)(iii).
How to Apply
The request to return after removal is made on Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. The filing fee is $585.00.
The circumstances vary on where the Form I-212 is submitted. It depends on the specific circumstances of your case. Generally the request is made either to the U.S. Citizenship and Immigration Services office or the U.S. Customs and Border Protection office. In some cases, the request is made to the U.S. Embassy or before the Immigration Court.
What Documents to Submit
In making its decision to approve or deny a Form I-212 request, the officer will apply a balancing test weighing the positive factors against the negative ones. While documents to submit vary for each case, suggested documents to include are proof of family legally residing in the United States, medical, psychological and emotional hardship to a U.S. citizen or permanent resident spouse, children or parents, and positive productivity while in the United States (completion of schooling, community activities and involvement, proof of tax returns, employment history), ties to the United States, rehabilitation and the need for the applicant to return to the United States. The applicant must show that the removal order and the reason for removal (i.e. criminal history) are outweighed by the positive factors in the case.
Minnesota Immigration Law Firm in Minneapolis
To learn more about how an immigration attorney can help you, contact Keyser Law Firm for a free consultation at (612) 338-5007. We will work with you to develop the best strategy for securing your legal status in the United States.
