1-212 (nonimmigrant visa waiver)

I-212 Waiver for Prior Deportation or Removal

Reclaim Your Right to Reenter the US: The Legal Way

Even though being taken out of the United States is a terrible experience, you may still have a chance to return. The I-212 waiver is a way to lawfully reenter the United States as a nonimmigrant if you have been deported or removed in the past.

At The Rochester Law Firm, we help people facing the complex consequences of past immigration violations apply for and win I-212 nonimmigrant visa waivers. With our guidance, you can request permission to reenter the US the right way and start moving forward without fear of being turned away at the border.

What Is Form I-212?

When someone who has been deported or removed in the past requests formal authorization to temporarily return to the United States, they use Form I-212, which is officially known as “Application for Permission to Reapply for Entering into the US After Deportation or Removal.

This application does not guarantee a visa on its own. Instead, it gives you permission to ask for a nonimmigrant visa (such as a B1/B2 visitor visa or F-1 student visa) despite your prior removal order. Without this waiver, US Customs and Border Protection (CBP) or a consular officer will likely deny your visa outright.

Who Needs an I-212 Waiver?

You may need to file Form I-212 if:

  • You were deported, removed, or excluded from the US
  • You left the US while under an order of removal
  • You attempted reentry without permission after a previous removal
  • You triggered a 5, 10, or 20-year bar due to prior immigration violations

You’ll generally need an I-212 waiver before you apply for a new visa, especially if you’re applying from abroad after removal or deportation.

What Makes a Strong I-212 Application?

The US government doesn’t hand out second chances lightly. To get your I-212 application approved, you’ll need to show compelling reasons for reentry and strong evidence that you’re no longer a risk to US immigration integrity.

Your case may benefit from including:

  • Length of time since your removal
  • Good moral character and rehabilitation
  • Family or business ties to the US
  • A clean record since removal
  • Humanitarian reasons for travel (e.g., medical emergencies, family reunification)

Each case is unique, and the outcome often depends on how well your attorney builds the narrative and legal argument.

Our Process: How We Help You Apply

At The Rochester Law Firm, we carefully and uniquely handle each I-212 waiver application. We can help you apply in the following ways:

  1. Eligibility Evaluation

    We verify that you require and are eligible for an I-212 waiver by looking over your immigration history, previous removals, and timeline.

  2. Waiver Petition Drafting

    We handle the entire legal filing, including detailed forms, written legal arguments, and supporting documentation.

  3. Embassy & Consular Coordination

    If you’re applying from abroad, we ensure your waiver aligns with your nonimmigrant visa application, so you’re not stuck in limbo.

  4. Communication with DHS/CBP

    We monitor the progress of your waiver and speak with immigration authorities immediately in the event of any delays or issues.

    Our focus: Minimizing your wait time and maximizing your chances of approval.

Common Mistakes to Avoid

A denied I-212 application can delay your plans for years. Avoid these critical missteps:

  • Submitting a waiver without verifying eligibility or bar length
  • Disregarding dual waivers (I-212 and I-601, if they are inadmissible for other reasons).
  • Applying without enough proof or too soon after expulsion
  • Not providing a clear and truthful explanation of prior immigration infractions

If you address your past intelligently, it doesn’t have to define your future.

Frequently Asked Questions

Processing times may vary, but most of the time I-212 waivers take between 6–12 months, depending on your case complexity and the reviewing agency.
Yes, in many cases, the waiver is submitted in connection with your nonimmigrant visa application at a US consulate abroad.
No. It applies to all nonimmigrant visas, including student (F-1), religious worker (R-1), fiancé(e) (K-1), and business (B-1/B-2) visas.
Technically, no, but the legal and emotional stakes are high. Working with an experienced immigration waiver attorney gives you the best chance of approval.

You Deserve a Second Chance: Let’s Fight for It

The past doesn’t have to block your future. With the right legal support, a well-prepared I-212 waiver can open the door to opportunity, healing, and legal reentry into the United States.

  • Proven success with I-212 waivers
  • Custom legal strategy for your history and goals
  • Transparent communication from start to approval
Office

75 S Broadway, Suite 400, White Plains, NY 10601