Under Section 212(a) of the Immigration and Nationality Act (INA), some people who have been deemed inadmissible to the United States may be eligible for a 212 waiver. Numerous causes for inadmissibility are covered in this section, such as past immigration violations, criminal convictions, and medical conditions. A 212 waiver may enable you to enter or stay in the United States temporarily or permanently if you have been found inadmissible on certain grounds.

An outline of the 212 waiver procedure, anticipated processing timelines, and advice on how to make the application process go more smoothly are all included in this blog.

Types of 212 Waiver 

There are two primary kinds of 212 waivers:

•  212(d)(3) Waiver: Used by non-immigrants who are inadmissible for a short period of time for reasons like prior immigration violations or criminal convictions. 
• I-212 Waiver: Used to request permission to reapply for admission to the U.S. after being previously deported or removed.

I 212 Processing Time

Processing Time for I-212 Waiver:

• Average Processing Time: It may take six to twelve months to process an I-212 waiver.
• Factors that affect the processing time include the applicant’s place of origin, the complexity of the case (e.g., whether the applicant has a history of criminal convictions), and the volume of cases being processed by the U.S. Citizenship and Immigration Services (USCIS) or U.S. consulate.

I 212 Processing and Application Process 

You must send Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) to USCIS in order to receive an I-212 waiver.

The case for a 212(d)(3) non-immigrant waiver will be sent to the Admissibility Review Office (ARO) for approval by the consulate or U.S. Customs and Border Protection (CBP).

Form I-212 filing fees are $930. Depending on the kind of visa you’re looking for, additional costs, such visa application fees, can be necessary.

Attend a job interview (if any):

You might occasionally have to appear for an interview at a USCIS office or consulate in order to complete the waiver application procedure. This is particularly typical for waivers under 212(d)(3).

Following submission of your application, your case will be reviewed by USCIS or the consulate. If they conclude that your waiver should be granted, you will obtain permission, allowing you to reapply for admission or a visa.

FQs

1. What is form I 212 used for?

This application is for people who have been removed or deported and wish to request authorization to enter the country again.

2. What happens after the form I 212 has been approved?

The granting of a Form I-212 waiver does not automatically give admittance into the United States, but it does allow an individual to apply for a visa or admission at a port of entry. Even when the waiver is granted, the person still needs to go through a separate inspection procedure, apply for an immigrant or non-immigrant visa, or try to get admitted at a port of entry.

3. How long does the I-212 waiver take?

The average processing time for an I-212 waiver is 6 to 12 months.

4. What is the eligibility criteria for I-212 waiver?

The following are eligibility requirements:

• having left the United States or been deported.
• proving that the United States would not suffer if you were admitted.
• fulfilling requirements particular to your deportation or removal situation.

Conclusion 

A crucial step for anyone looking to get around grounds of inadmissibility to enter or reenter the United States is the 212 waiver procedure. Depending on the type of waiver and the intricacy of the case, processing times for these waivers might vary from three to twelve months. You can improve your chances of getting a waiver approved by being aware of the procedure, filling out the application completely, and offering solid proof. Consulting with an immigration lawyer might help to guarantee a more successful and seamless resolution in complex instances.