Q&A

Can a person apply for a waiver under section 212C?

Can a person apply for a waiver under section 212C?

Your eligibility to apply for a waiver is based on the type of crime you committed and the date on which you were convicted. Certain lawful permanent residents can apply for discretionary relief under section 212 (c) of the Immigration and Nationality Act.

How to file an I-212 waiver from abroad?

The alien must file the I-212 waiver from outside of the United States and remain abroad for a continuous period of time. If you are inadmissible under another section of the law, you must apply for a different waiver type.

Can you apply for a waiver of inadmissibility?

If you are abroad and a U.S. consular officer has determined that you are ineligible for an immigrant visa or nonimmigrant K or V visa because you are inadmissible to the United States, then you may be able to file an application for a waiver of inadmissibility.

When to apply for an unlawful presence waiver?

Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212 (a) (9) (B) of the Immigration and Nationality Act before they can return.

Can a person apply for an I-212 waiver?

Additionally, an approved Form I-212 (Permission to Reapply) for Admission into the United States after Deportation or Removal) removes this ground, but not the circumstances which led to it.

How to apply for a waiver of inadmissibility outside the United States?

Apply for a waiver of inadmissibility outside the United States using Form I-601, Application for Waiver of Grounds of Inadmissibility, in accordance with its instructions and with the required fees.

Do you need a waiver to reapply for US admission?

No waiver, but DHS may grant permission to reapply for admission to the United States to an alien otherwise inadmissible under this section. (Form I-212, Permission to Reapply).

Is there a waiver for 9 FAM 40.21?

No waiver is available. For those who do not fall under the exceptions to inadmissibility listed in 9 FAM 40.21, INA 212 (d) (3) (A) waivers are available.