The information has been simplified from the official US immigration website.
Let’s assume you overstayed your visa, and when you left the USA you are automatically subject to bar for reentry inside the united states. Depending on your overstay status you are banned from entering inside the united states from 3 to 10 years. If you reenter without permission you may get 20 to permanent bar. This can also happen you violate the terms of your visa and get caught. Most probably if you work when you are in a student visa or as a visitor.
Guide to Periods of Inadmissibility
The number of years you are found inadmissible following your deportation/removal from the United States depends on the period of unlawful presence you have accrued and the circumstances surrounding your removal. The following removal scenarios may help you determine the inadmissibility period you are facing:
- Five-Year Bar: If you were removed upon arrival to the U.S. (expedited removal) or were placed in proceedings upon arrival and then ordered removed by an immigration judge, you are subject to the five-year bar on reentry, from the date of your removal (single offense);
- Ten-Year Bar: If you entered the U.S. and were later placed in removal proceedings, or if you left the U.S. willingly but before removal proceedings were concluded, you are subject to the ten-year bar on reentry, from the date of your removal (single offense);
- Twenty-Year Bar: If you have been removed from the U.S. on more than one occasion, you are subject to the 20-year bar on reentry, from the date of removal (multiple offense);
- Permanent Bar: If you were convicted of an aggravated felony, you are permanently inadmissible and forever barred from reapplying for a visa without filing Form I-212. If you are permanently barred under Section 212(a)(9)(C) of the Immigration and Nationality Act (I.N.A.), because you aggregated one year’s unlawful stay in the U.S. and left, or you were ordered removed from the U.S, and then you attempted to reenter illegally, you must wait ten years before filing Form I-212 even if you are married to a United States citizen or have citizen children.
What is i-212 waiver?
i-212 waiver: I-212 is a waiver that will help you remove the bar and enable you to enter the country legally. You need to file the form and wait for the approval. After the approval, you can enter the country through the port of entries.
What is i-212 (d) (3) waiver?
This is a form of relief or waiver which is only applicable for non-immigrant travellers such as students, temporary visitors.
Eligibility for i-212 Waiver:
According to the matter of Hranka an alien who is applying for the waiver needs to establish the following terms:
- Harm to the soceity
- Depth or Concern of prior conviction or previous violation
- Compelling reason to re-enter the country. (The reason doesnt need to be critical. A matter of visitation or continuation of studies can also matter )
Who can file i-212 waiver?
- Alien who was either a) removed from the United States or b) departed the United States with an outstanding order of removal, and are now seeking re-admission to the United States from abroad, before your required period of inadmissibility has been reached;
- Alien seeking either an immigrant visa, adjustment of status under INA section 245, or admission as a nonimmigrant through a US Consulate or designated US port of entry;
- Alien convicted of an aggravated felony seeking either re-admission to the United States or adjustment of status to permanent residence;
Filing fees of i-212 Waiver:
The Government filing fees for i-212 waiver is 930$
Should you hire a lawyer before filing waiver?
Yes. i-212 waiver is the most complicated waiver in the immigration process. It needs to be carefully reviewed and prepared by a long term experienced lawyer. The approval rate can be 99% but if you don’t get help from a good lawyer you can be the 1% who got rejected. So my personal advice is talking with an experienced lawyer.
Here’s a video to help you understand better:
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