I-212 Permission to Reapply in Fontana: Returning After Deportation or Removal
Seeking permission to return after removal from the United States
Quick Answer
If you've been deported or removed from the United States, you face significant bars to returning legally. Form I-212 allows you to request permission to reapply for admission before the bar period expires. Fontana families separated by deportation may have options to reunite through this process.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Fontana and the Inland Empire have many families affected by deportation and removal orders. SoCal Immigration Services provides Arabic-speaking guidance for individuals seeking to return to the United States after deportation, helping navigate the complex I-212 permission to reapply process.
Understanding the Bars After Removal
| Type of Removal | Bar Period | INA Section |
|---|---|---|
| Removal order | 10 years | 212(a)(9)(A)(ii) |
| Second or subsequent removal | 20 years | 212(a)(9)(A)(ii) |
| Removal + aggravated felony conviction | Permanent (20 year minimum) | 212(a)(9)(A)(ii) |
| Expedited removal | 5 years | 212(a)(9)(A)(i) |
| Voluntary departure before hearing | 5 years (if granted) | Depends on grant |
| Reinstatement of prior removal | Original bar continues | 212(a)(9)(A) |
What Is Form I-212?
Purpose:
• Asks USCIS to forgive the time bar
• Does NOT waive other grounds of inadmissibility
• Discretionary - approval is not guaranteed
• Must be filed before or with immigrant visa/adjustment application
Who Needs I-212:
• Anyone previously removed or deported
• Anyone who departed while removal order was outstanding
• Anyone with reinstated removal order
I-212 vs. Other Waivers
- •I-212 addresses ONLY the removal bar (INA 212(a)(9)(A))
- •You may ALSO need I-601 for other inadmissibility grounds
- •Unlawful presence bars (3/10-year) require separate I-601 or I-601A
- •Criminal grounds require separate I-601 waiver (212(h))
- •Multiple waivers can be filed together
- •All grounds must be addressed for visa approval
Factors USCIS Considers
Positive Factors:
• Strong family ties to U.S. citizens or LPRs
• Lengthy residence in the U.S.
• Rehabilitation (if criminal history)
• Steady employment history
• Community ties and contributions
• Hardship to qualifying relatives
• Time passed since removal
Negative Factors:
• Criminal history (especially immigration violations)
• Multiple illegal entries
• Disregard for immigration laws
• Short time since removal
• Lack of ties to the United States
• History of fraud or misrepresentation
The I-212 Application Process
| Situation | Where to File | Process |
|---|---|---|
| Outside U.S., applying for immigrant visa | USCIS or consulate (depending on visa category) | File with DS-260 documents |
| In U.S. illegally, filed I-485 | USCIS | File with adjustment application |
| Advance filing before visa available | USCIS | Can file in advance of visa application |
Required Documentation
- •Completed Form I-212
- •Filing fee ($930)
- •Copies of all removal/deportation orders
- •Evidence of rehabilitation (if applicable)
- •Evidence of family ties in the U.S.
- •Affidavits from family members
- •Employment verification letters
- •Community support letters
- •Medical documentation (if health issues relevant)
- •Evidence of time since removal
- •Your personal statement explaining circumstances
Illegal Reentry After Removal
Criminal Consequences:
• Illegal reentry after removal is a federal crime
• Penalties: up to 2 years imprisonment (up to 20 years with prior convictions)
• Creates permanent bar for certain individuals
Immigration Consequences:
• Prior removal order can be 'reinstated'
• No right to hearing before immigration judge
• Makes I-212 approval much harder
• Creates additional inadmissibility grounds
Important: If you're in the U.S. after illegal reentry, consult an attorney before filing anything.
Timing Your I-212 Application
Early Filing:
• Can file even while still barred
• Allows decision before attempting entry
• Shows respect for immigration process
• Typically improves chances
Waiting Considerations:
• More time since removal = stronger case
• Time to rehabilitate if criminal issues
• Time to build positive factors
• Some applicants wait until bar period nearly expired
Consular Process:
• Often filed with immigrant visa application
• Consular officer may adjudicate or send to USCIS
• Processing times vary significantly
Special Cases: Aggravated Felonies
The Challenge:
• Permanent bar applies (minimum 20 years before eligible)
• I-212 much harder to win
• Must show exceptional circumstances
• May need to wait full 20 years
Factors for Success:
• Significant time passed (20+ years ideal)
• Complete rehabilitation
• Exceptional family hardship
• Nature of underlying crime
• Contributions to community
Reality: These cases are extremely difficult and often denied.
After I-212 Approval
What Approval Means:
• Permission to apply for admission granted
• Removal bar no longer applies
• Can proceed with visa application
• Does NOT guarantee visa approval
Next Steps:
• Complete immigrant visa application (if outside U.S.)
• Complete adjustment of status (if eligible in U.S.)
• May need additional waivers (I-601, etc.)
• Attend consular interview
• Must be otherwise admissible
Common Reasons for I-212 Denial
- •Insufficient time since removal
- •Criminal history not adequately addressed
- •Multiple illegal entries showing disregard for law
- •Lack of strong family ties
- •Inadequate documentation
- •Poorly prepared application
- •Failure to show rehabilitation
- •Outstanding criminal warrants
- •Security concerns
- •Recent immigration violations
Why Fontana Families Choose Us
• We evaluate whether I-212 is viable for your situation
• Arabic-speaking staff explain the complex process clearly
• We gather evidence to demonstrate positive factors
• We prepare compelling applications addressing negative factors
• We coordinate with consulates on timing
• We handle cases involving multiple waivers
FAQFrequently Asked Questions
Q:How long after deportation can I apply for I-212?
A: You can apply immediately after deportation - there's no waiting period to file the application. However, the less time that has passed, the harder it is to win. We generally recommend waiting at least 2-3 years and building positive factors before applying, unless there are urgent family circumstances.
Q:Can I come back to the U.S. while my I-212 is pending?
A: No, you cannot legally enter the U.S. while I-212 is pending. The I-212 must be approved before you can apply for and receive a visa to enter. Attempting to enter while barred could result in criminal charges and make your case much worse.
Q:My spouse is a U.S. citizen. Does that help my I-212 case?
A: Yes, having a U.S. citizen spouse is one of the strongest positive factors for I-212. You can document the hardship your separation causes and show strong family ties. However, it doesn't guarantee approval - USCIS still weighs all factors.
Q:I was removed 15 years ago. Is my bar over?
A: If it was a standard removal order, the 10-year bar has likely expired. However, you may still need I-212 to document that the bar period has passed, and you may have other inadmissibility issues (like unlawful presence) that require separate waivers. Each case is different.
Q:Can I file I-212 if I came back illegally after deportation?
A: You can file, but it's much more complicated. Illegal reentry after removal is a federal crime and creates additional barriers. You should consult an attorney before filing anything if you're currently in the U.S. after illegal reentry, as there may be criminal exposure.
Q:How long does I-212 processing take?
A: Processing times vary widely - from several months to over a year depending on where it's filed and the complexity of your case. Cases filed at consulates may be processed faster or slower than USCIS domestic processing. Plan for significant delays.
Need Permission to Return After Deportation?
If you've been removed from the United States and want to explore options for returning legally, contact us for a thorough case evaluation. We can assess whether I-212 is right for your situation.