Foreign nationals who are ineligible to file for admissibility to the U.S. for a certain period of years, or who are deemed permanently inadmissible, may file an application for an I-212 waiver for permission to reapply to the U.S. In many of these cases, an I-601 waiver of inadmissibility must be filed as well.
The USCIS orders that certain foreign nationals who have been deported or ordered removed may not reapply or be readmitted to the U.S. for these periods of time:
The I-212 waiver is another form of visa dependent on hardship to some degree though other factors are also weighed. The issuance of the waiver is largely discretionary and depends on how persuasive your situation is and what mitigating or positive factors your attorney can demonstrate to support your application. Unlike an I-601 waiver, the 212 waiver does not require a qualifying relative or proof of extreme hardship.
Your application needs to be submitted either at the consulate where the visa will be issued or at the USCIS office that has jurisdiction over the location of the original removal. Your attorney can help you determine which location is appropriate for your situation.
As indicated, issuing of a 212 waiver is a matter of discretion. An immigration officer will look at the positives and negatives in your individual case to determine whether you are a criminal or will re-offend. The immigration officer will also consider whether you have any convictions and whether you severely disrespected immigration laws while illegally entering or residing in the U.S. Having an approved immigrant or nonimmigrant petition is a substantial positive in your application.
An immigration official will consider the following factors when reviewing your application for a waiver:
If the officer believes that you will be a burden or public charge, or that you have no marketable skills, a significant criminal history, committed an aggravated felony, no family ties and willfully disregarded the immigration and other laws of the U.S., it is unlikely you will receive a waiver.