The Permission to Reenter to the U.S.
Once a deportation order has been issued and you have been deported from the United States, there is normally a deportation bar which mandates that you stay outside the U.S. for a certain amount of years. However, there are ways that you can get back into the U.S. even with a deportation order much sooner. This is known as the Permission to Reenter. This would be initiated by the I-212. If approved, it is as though U.S. Immigration is stating that they know you have been deported, but they are forgiving the deportation and allowing you to enter the U.S. many years earlier than you would normally be able to come back to the U.S.
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Many people think that to file the Permission to Reenter, that the only thing you need to do is file Form I-212 and that is it. However, that is like giving somebody the cover of a book and leaving all the pages out of the book. There are many items within the I-212 that is necessary in order to have a real chance of success in getting the deportation bar lifted. The I-212 Waiver must convince the Immigration Official or the adjudicator that you deserve to come back to the U.s. years earlier. this is done through declarations, affidavits and supporting evidence showing that you have been rehabilitated, have U.S. ties both in family and work and that you have good moral character.
Normally when the Immigration Law Office will send in the I-212, it will also include a legal brief which will show the law on filing the I-212, the arguments why it should be granted and the persuasive statements of how the purpose of the I-212 is meant to help people who have been deported to return to the United States. In Immigration Court, people will be issued a removal order and then many times be physically deported from the United States. Once removed on a deportation or removal order, then the Permission to Reenter through the I-212 can be prepared and filed anytime. You are essentially submitting an application to reapply for admission to the United States.
“With proper preparation and persuasive arguments, the I-212 Waiver can be approved and you can be inside the U.S. many years sooner than you might think.”
— Brian D. Lerner, Deportation Lawyer
You must have an Immigration Petition along with the I-212
Note that the I-212 by itself does not permit you to just enter the U.S. It is definitely necessary if you have been deported. However, it is only part of what you need. You must have the ability to get back to the U.S. legally after the I-212 would be granted. For example, let’s say that you married a U.S. Citizen, but were deported. You would file the I-212 and then the Consulate Processing for the marriage petition and spouse visa. At the Consulate interview, they would see that the I-212 was granted and you were no longer inadmissible because of the deportation order.