I-212 Waivers: How Congruence Law, P.C. Helps Clients Reapply for Lawful Reentry After Removal or Unlawful Reentry

For individuals who have been deported (removed) from the United States or who unlawfully reentered after a prior order of removal, returning legally is not as simple as applying for a new visa. U.S. immigration law imposes reentry bars that prohibit admission for years—or permanently—without special permission. The I-212 waiver allows eligible individuals to request this permission and resume the immigration process. At Congruence Law, P.C., we help clients file well-documented I-212 applications that focus on rehabilitation, hardship, and lawful purpose.

What Is Form I-212?

Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, is a discretionary waiver filed by noncitizens who are inadmissible under INA § 212(a)(9)(A) or § 212(a)(9)(C) due to:

• Prior removal (deportation) or exclusion orders;

• Departure while a removal order was outstanding;

• Unlawful reentry after removal or unlawful presence (in certain cases, permanently barred without a waiver).

This waiver is different from I-601 and I-601A waivers, which address grounds such as unlawful presence or misrepresentation. I-212 is specifically about permission to reapply for admission after a previous removal—and may be required alongside other waivers if multiple inadmissibility grounds apply.

When Is an I-212 Waiver Required?

You may need an I-212 waiver if:

• You were removed at a port of entry or by an immigration judge and want to return before the reentry bar (5, 10, or 20 years) has expired;

• You were ordered removed in absentia and now seek to enter lawfully;

• You left the U.S. while under a removal order and are now applying for an immigrant or nonimmigrant visa;

• You reentered illegally after removal or unlawful presence and are subject to a permanent bar (INA § 212(a)(9)(C))—but only eligible to apply after 10 years outside the U.S.

Legal Standard and Discretionary Factors

I-212 waivers are discretionary, meaning USCIS or the Department of State considers multiple factors and decides whether to grant the request based on the applicant’s circumstances. There is no specific form of relief guaranteed by statute—only a request for favorable exercise of discretion.

Relevant factors may include:

• The reason for the original removal;

• Length of time since removal and time spent outside the U.S.;

• Evidence of rehabilitation or changed circumstances;

• Hardship to U.S. citizen or LPR relatives;

• The applicant’s immigration history and moral character;

• The purpose of reentry (e.g., family unity, employment, humanitarian grounds).

At Congruence Law, P.C., we help clients prepare detailed applications that present the strongest possible case. We gather evidence such as family affidavits, hardship documentation, medical records, employment history, rehabilitation efforts, and community involvement. We also prepare persuasive legal briefs addressing the relevant factors and case law.

Common Challenges in I-212 Cases

• Confusion about timing: Applicants must often wait outside the U.S. for a required period (e.g., 10 years for permanent bar) before applying.

• Failure to file I-212 in conjunction with I-601: When both unlawful presence and prior removal are issues, both waivers may be needed.

• Insufficient evidence of rehabilitation: Particularly in cases involving criminal history or multiple immigration violations.

• Improper venue or procedural error: Filing with the wrong agency or before the applicant is procedurally eligible can result in rejection or denial.

We assist clients in identifying eligibility, properly sequencing their applications, and addressing all relevant legal and factual elements. For those with complex removal histories, we also help obtain immigration records (FOIA) and assess any prior orders that may impact eligibility.

Moving Forward

Permission to reapply after deportation or unlawful reentry is not automatic—but with the right legal approach and evidence, many individuals have a meaningful opportunity to rejoin family, rebuild their future, and comply fully with U.S. immigration law.

At Congruence Law, P.C., we guide clients through this process with precision, empathy, and a deep understanding of how to present discretionary waivers effectively.

If you or a loved one has a prior removal order and seeks permission to return to the United States, contact us at immigration@congruence.com to request a consultation. We are here to help you navigate reentry the right way—lawfully and with the support you need.