Form I-212: Application for Permission to Reapply for Admission into the United States after Deportation or Removal

Individuals previously removed from the U.S. are inadmissible and may not be re-admitted to the U.S. for a specified period of time UNLESS they apply for, and are granted, permission to reapply for admission.  Permission to Reapply for Admission is applied for by submitting Form I-212 together with the appropriate supporting documentation and filing fee. Permission to Reapply for Admission is granted in the form of what is commonly referred to as an I-212 waiver.

Individuals who may benefit from this waiver include:

 · Aliens previously removed subject to an order of removal entered by an Immigration Judge;

 · Aliens who fail to timely depart under an order of voluntary departure issued by an Immigration Judge, whose voluntary departure is converted to an order of removal; and

 · Aliens who have been subject to an order of expedited removal issued by CBP

Read more about Form I-212 waivers

Payment of U.S. Customs Fine and Inadmissibility

Recently our office has encountered several individuals who have been told they are inadmissible to the U.S. by Customs and Border Protection (“CBP”) officials based solely on the individual’s having signed the former U.S. Customs Service “Agreement to Pay Monetary Penalty” and paying the associated Customs fine. Contrary to what these individuals have been told, the payment of a Customs fine and signing of the Agreement do not alone constitute acts sufficient to render someone inadmissible to the United States.

The most common example of this situation is in the case of an individual who, prior to the dissolution of the U.S. Customs Service in 2002, was found to be in possession of a small amount of marijuana during a Customs inspection. Rather than being turned over to local law enforcement and criminally prosecuted, the Customs Service chose to impose administrative penalties on many of these individuals, charging them an administrative fine, and allowing them to proceed into the U.S. upon payment of the fine.

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CBP Posts New FAQs Regarding the U.S. Inspection and Admission Process

U.S. Customs and Border Protection ("CBP") has posted a new group of Frequently Asked Questions and answers regarding the inspection and admission process at U.S. Ports of Entry.  Questions include:

What is the inspection process?

What does the law say?

What can I expect to happen at a Port of Entry?

What documents must you present?

How can I appeal?

Read CBP Responses to new FAQs

Other Links:

Overview of the Inspection Process

What the law says about the inspection process

I-192 Waiver Renewal Application Approved After Four Months

Our office recently received a notice of approval of Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, for one of our clients.  The waiver application was adjudicated by the CBP Admissibility Review Office (ARO) in only four (4) months and was granted with a validity period of five (5) years. 

This waiver approval was in response to an I-192 renewal application, as our client had previously been granted two (2) I-192 waivers. 

Although each application is different, this four (4) month processing time has been common so far this year with cases involving Canadian citizens filing an I-192 waiver renewal  application.  As recent as last year (2008), such renewals were previously taking about six (6) months to process.

I-192 & I-212 Waiver Approvals

Our office recently received notices of approval of both a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant, and Form I-212, Application to Reapply for Admission into the United States After Deportation or Removal. Our client required both waivers based upon a long and complicated immigration history.

Our client is a citizen of Canada who originally entered the United States as a visitor. Prior to our representation, our client submitted an application for asylum that contained false information. This asylum application was later referred to a U.S. Immigration Judge. When our client failed to appear before the Immigration Judge as required, our client was ordered deported from the United States. Our client thereafter departed the U.S. and settled in Canada.

Unaware of the in absentia deportation order, our client attempted to enter the U.S. as a visitor at a land border port-of-entry. At that time, he was informed by U.S. Customs and Border Protection (“CBP”) officials that he was inadmissible to the United States under three (3) different sections of the Immigration and Nationality Act (“INA”). Specifically:

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