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212 waivers or waivers

Updated: May 2, 2023


One of the proposals of the new immigration law of President Biden, recently presented to Congress, is the elimination of the need to apply for pardons or waivers. However, and until Congress approves the proposal, some immigrants will have to apply for this type of pardon or waiver in order to receive the immigration benefit they want. In today's blog we will be explaining what it is.

The forgiveness or waiver of 212 is requested by the immigrant who is the beneficiary of a family petition, or a work visa, and who wishes to re-enter the country, without having to wait outside the United States, for the sanction time to elapse, which could be five (5), ten (10), twenty (20) years, or even indefinitely, depending on the reason for the deportation, or the action committed that leads to the punishment of non-admission. The particularity of this waiver is that it must be requested while the applicant is out of the country. It is not possible to request a 212 waiver if you are within the United States.

This pardon or waiver can be accessed by all those people who have been deported, on one or more than one occasion; those persons who have been sentenced for committing a crime of the aggravated felony type, or those persons who have remained in the country for more than one year, and who have left and re-entered the country without being admitted or inspected at the border points. In the latter case, the applicant may only request this pardon or waiver if 10 years have elapsed since the last time they left the United States.

When you file a 212-waiver application, USCIS will consider the following factors: basis for prior deportation; the date you were deported; the length of stay in the United States, and the status you held while present in the country; family ties and responsibilities in the United States; evidence of the good moral character of the applicant, as well as their respect for law and order. Evidence of reform and rehabilitation must also be presented, according to the reason for which he was previously deported; evidence of the extreme suffering of the applicant and / or their family members in the United States.

The 212 waiver or pardon does not cover all the reasons why you might not be admitted to the United States, if you need another waiver or pardon, you must apply at the same time you apply for the 212 waiver, otherwise, you will not be admitted to the country.

There are different subcategories of the 212 waiver, which are quite complex to explain in this blog. For a particular evaluation of your case, call us and schedule your first free consultation. In Y. Morejon Attorney, P.A. we can help you with your immigration case. Here, your problem is our problem.

Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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