## M-Wakili's Response

The I-212 application, formally known as the "Application for Permission to Reapply for Admission into the United States After Deportation or Removal," is a crucial step for individuals seeking to re-enter the United States after being deported or removed.  It's a complex process with specific requirements that must be met for a successful outcome. 

### Table of Contents

1. Introduction
2. Eligibility Criteria
3. Required Documentation
4. Filing Process
5. Processing Time
6. Case Laws
7. Conclusion
8. TLDR

### Introduction

The I-212 application is a legal process that allows individuals who have been deported or removed from the United States to request permission to reapply for admission. This application is necessary because individuals who have been deported or removed are generally barred from re-entering the United States for a specific period. The I-212 application provides an opportunity for these individuals to seek an exception to this bar and obtain permission to re-enter the United States.

### Eligibility Criteria

To be eligible for an I-212 application, an individual must meet specific criteria. These criteria are outlined in the Immigration and Nationality Act (INA) and are designed to ensure that only individuals who meet certain standards are granted permission to re-enter the United States.

The primary eligibility criteria for an I-212 application include:

* **Deportation or Removal:** The individual must have been deported or removed from the United States. This means that they were formally ordered to leave the country by an immigration judge or other immigration official.
* **Inadmissibility:** The individual must be inadmissible to the United States. This means that they are barred from entering the country due to a specific reason, such as a criminal conviction, a prior unlawful presence, or a health issue.
* **Time Elapsed:** A specific amount of time must have elapsed since the individual's deportation or removal. The required time period varies depending on the reason for the individual's inadmissibility.
* **Extreme Hardship:** The individual must demonstrate that their re-entry into the United States would cause extreme hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident. This hardship must be significant and compelling, and it must be shown that the hardship would be caused by the individual's continued absence from the United States.

### Required Documentation

To support their I-212 application, individuals must submit a comprehensive package of documentation. This documentation must provide evidence that the individual meets the eligibility criteria and that their re-entry into the United States would not pose a risk to national security or public safety.

The required documentation for an I-212 application typically includes:

* **Form I-212:** This is the official application form for permission to reapply for admission. It must be completed accurately and thoroughly.
* **Passport:** The individual's valid passport, including all previous visas and entry stamps.
* **Proof of Inadmissibility:** Documentation that demonstrates the reason for the individual's inadmissibility, such as a criminal conviction record or a medical report.
* **Proof of Time Elapsed:** Evidence that the required time period has elapsed since the individual's deportation or removal, such as a copy of the deportation order or a statement from the U.S. Department of Homeland Security.
* **Evidence of Extreme Hardship:** Documentation that demonstrates the extreme hardship that would be caused to a qualifying relative if the individual is not allowed to re-enter the United States. This documentation may include:

    * **Affidavits from qualifying relatives:** These affidavits should describe the specific hardship that would be caused by the individual's continued absence from the United States.
    * **Medical records:** If the hardship is related to a medical condition, medical records should be submitted to support the claim.
    * **Financial records:** If the hardship is related to financial dependence, financial records should be submitted to demonstrate the individual's financial contribution to the qualifying relative.
    * **Other relevant documentation:** Any other documentation that supports the claim of extreme hardship.

### Filing Process

The I-212 application must be filed with the U.S. Citizenship and Immigration Services (USCIS). The application can be filed either online or by mail.

The filing process for an I-212 application typically involves the following steps:

1. **Gather all required documentation:** Ensure that all necessary documents are complete and accurate.
2. **Complete Form I-212:** Fill out the application form thoroughly and accurately.
3. **Submit the application:** File the application with USCIS either online or by mail.
4. **Pay the filing fee:** The filing fee for an I-212 application is $930.
5. **Receive a receipt notice:** USCIS will send a receipt notice confirming that the application has been received.
6. **Biometrics appointment:** If required, USCIS will schedule a biometrics appointment for the individual to provide fingerprints and a photograph.
7. **Interview:** USCIS may schedule an interview with the individual to discuss their application in more detail.
8. **Decision:** USCIS will review the application and make a decision. The decision will be communicated to the individual in writing.

### Processing Time

The processing time for an I-212 application can vary depending on the complexity of the case and the workload of USCIS. However, the average processing time is typically 6 to 12 months.

### Case Laws

Several case laws have addressed the requirements for I-212 applications. These cases provide guidance on the interpretation of the INA and the application of the eligibility criteria.

* **Matter of Cervantes-Gonzalez, 26 I&N Dec. 588 (BIA 2015):** This case established that the extreme hardship requirement for an I-212 application must be met by a qualifying relative who is a U.S. citizen or lawful permanent resident. The hardship must be significant and compelling, and it must be shown that the hardship would be caused by the individual's continued absence from the United States.
* **Matter of Marin, 24 I&N Dec. 332 (BIA 2007):** This case clarified that the extreme hardship requirement is not met simply by showing that the qualifying relative would experience some inconvenience or hardship. The hardship must be significant and compelling, and it must be shown that the hardship would be caused by the individual's continued absence from the United States.
* **Matter of Lozada, 23 I&N Dec. 291 (BIA 2002):** This case held that the extreme hardship requirement can be met by showing that the qualifying relative would experience a significant disruption to their life or well-being if the individual is not allowed to re-enter the United States.

### Conclusion

The I-212 application is a complex legal process that requires careful attention to detail and a thorough understanding of the eligibility criteria. Individuals who are considering filing an I-212 application should consult with an experienced immigration attorney to ensure that they meet the requirements and that their application is properly prepared.

### TLDR

The I-212 application is a process for individuals deported from the US to request permission to re-enter. To be eligible, they must have been deported, be inadmissible, have a specific time elapsed since deportation, and demonstrate extreme hardship to a qualifying relative. The application requires specific documentation and can take 6-12 months to process. 

Sources:

- [USCIS Form I-212](https://www.uscis.gov/i-212)
- [USCIS Form I-212 Instructions](https://www.uscis.gov/sites/default/files/document/forms/i-212instr.pdf)
- [Matter of Cervantes-Gonzalez, 26 I&N Dec. 588 (BIA 2015)](https://www.justice.gov/eoir/page/file/102356/download)
- [Matter of Marin, 24 I&N Dec. 332 (BIA 2007)](https://www.justice.gov/eoir/page/file/101856/download)
- [Matter of Lozada, 23 I&N Dec. 291 (BIA 2002)](https://www.justice.gov/eoir/page/file/101456/download)


## Introduction

The I-212 application, formally known as the "Application for Permission to Reapply for Admission into the United States After Deportation or Removal," is a critical process for individuals who have been previously removed from the United States and seek to reenter. This application is essential for those who are inadmissible under sections 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA). The process involves several necessary elements that must be meticulously addressed to ensure a successful application.

## Table of Contents

1. Overview of the I-212 Application
2. Eligibility Criteria
3. Required Documentation
4. Application Process
5. Factors Considered by USCIS
6. Case Laws and Legal Precedents
7. Conclusion
8. TLDR

## 1. Overview of the I-212 Application

The I-212 application is designed for individuals who have been deported or removed from the United States and wish to reapply for admission before the mandatory waiting period has elapsed. This form is a request for a second chance to enter the U.S. legally. The application must be submitted to the United States Citizenship and Immigration Services (USCIS) or the appropriate U.S. consulate.

## 2. Eligibility Criteria

To be eligible for the I-212 application, the applicant must meet specific criteria:

- **Previous Removal**: The applicant must have been previously removed from the United States under an order of removal.
- **Inadmissibility**: The applicant must be inadmissible under sections 212(a)(9)(A) or (C) of the INA.
- **Waiting Period**: Generally, there is a mandatory waiting period (5, 10, or 20 years) before reapplying for admission. The I-212 application seeks to waive this waiting period.

## 3. Required Documentation

The I-212 application requires comprehensive documentation to support the request. The necessary documents include:

- **Form I-212**: The completed application form.
- **Proof of Removal**: Documentation detailing the circumstances of the prior deportation or removal, including the reason for removal and the duration of the applicant's presence in the U.S. before removal.
- **Supporting Evidence**: Documents that support the reasons for seeking reentry, such as family ties in the U.S., employment opportunities, or humanitarian reasons.
- **Character References**: Letters from employers, community leaders, or family members attesting to the applicant's character and reasons for reentry.
- **Proof of Rehabilitation**: Evidence showing that the applicant has rehabilitated and is unlikely to reoffend.

## 4. Application Process

The application process involves several steps:

1. **Complete Form I-212**: The applicant must fill out the form accurately and completely.
2. **Gather Supporting Documents**: Collect all necessary documentation to support the application.
3. **Submit the Application**: The completed form and supporting documents must be submitted to the appropriate USCIS office or U.S. consulate.
4. **Pay the Filing Fee**: The application requires a filing fee, which must be paid at the time of submission.
5. **Attend an Interview**: In some cases, the applicant may be required to attend an interview with a USCIS officer or consular officer.

## 5. Factors Considered by USCIS

USCIS considers several factors when reviewing an I-212 application:

- **Reason for Removal**: The circumstances surrounding the applicant's removal, including the severity of any criminal offenses.
- **Time Since Removal**: The length of time that has passed since the applicant's removal.
- **Family Ties**: The presence of close family members in the U.S. and the impact of the applicant's reentry on these family members.
- **Employment and Community Ties**: The applicant's employment history and ties to the community.
- **Rehabilitation**: Evidence of the applicant's rehabilitation and efforts to improve their character.
- **Humanitarian Reasons**: Any humanitarian reasons that justify the applicant's reentry, such as medical needs or threats to safety in the applicant's home country.

## 6. Case Laws and Legal Precedents

Several case laws and legal precedents are relevant to the I-212 application process:

- **Matter of Tin, 14 I&N Dec. 371 (BIA 1973)**: This case established that the applicant's conduct since deportation, the length of time since deportation, and the applicant's moral character are critical factors in determining the outcome of an I-212 application.
- **Matter of Lee, 17 I&N Dec. 275 (Comm. 1978)**: This case emphasized the importance of family ties and the hardship that the applicant's family would face if the application were denied.
- **Matter of Marin, 16 I&N Dec. 581 (BIA 1978)**: This case highlighted the significance of the applicant's rehabilitation and efforts to reintegrate into society.

These cases provide a framework for understanding how USCIS evaluates I-212 applications and the factors that can influence the decision.

## Conclusion

The I-212 application for permission to reapply for admission into the United States after deportation or removal is a complex process that requires careful preparation and thorough documentation. Applicants must meet specific eligibility criteria and provide comprehensive evidence to support their request. USCIS considers various factors, including the reason for removal, family and community ties, and evidence of rehabilitation, when reviewing applications. Understanding the necessary elements and legal precedents can significantly enhance the chances of a successful application.

## TLDR

The I-212 application allows individuals previously removed from the U.S. to reapply for admission. Key elements include meeting eligibility criteria, providing comprehensive documentation, and demonstrating rehabilitation and strong family or community ties. USCIS considers various factors, including the reason for removal and the applicant's conduct since deportation.

Sources:
- [USCIS I-212 Form](https://www.uscis.gov/i-212)
- [USCIS I-212 Instructions](https://www.uscis.gov/sites/default/files/document/forms/i-212instr.pdf)
- [Matter of Tin, 14 I&N Dec. 371 (BIA 1973)](https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/14-371.pdf)
- [Matter of Lee, 17 I&N Dec. 275 (Comm. 1978)](https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/17-275.pdf)
- [Matter of Marin, 16 I&N Dec. 581 (BIA 1978)](https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/16-581.pdf)

What are the necessary elements for a successful I-212 application for permission to reapply for admission?

Ask a lawyer: What are the necessary elements for a successful I-212 application for permission to reapply for admission?

Ask a lawyer:
What are the necessary elements for a successful I-212 application for permission to reapply for admission?