Ask a lawyer:
What are the necessary elements for a successful I-212 application for permission to reapply for admission?
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
Introduction
Eligibility Criteria
Required Documentation
Filing Process
Processing Time
Case Laws
Conclusion
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:
Gather all required documentation: Ensure that all necessary documents are complete and accurate.
Complete Form I-212: Fill out the application form thoroughly and accurately.
Submit the application: File the application with USCIS either online or by mail.
Pay the filing fee: The filing fee for an I-212 application is $930.
Receive a receipt notice: USCIS will send a receipt notice confirming that the application has been received.
Biometrics appointment: If required, USCIS will schedule a biometrics appointment for the individual to provide fingerprints and a photograph.
Interview: USCIS may schedule an interview with the individual to discuss their application in more detail.
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.
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Answered by mwakili.com