What is the I-212 Waiver When Applying for the “Green Card”?

In previous blog posts, we have discussed two common waivers that are often required when applying for lawful permanent resident status (the “green card”), the I-601 and the I-601A. In this post, we discuss a third waiver, the I-212.

What does this waiver waive?

The I-212 is used to waive a prior removal (deportation). It is also used if you have been unlawfully present in the United States for more than one year and you attempt to reenter unlawfully.

When and where do I file the waiver application?

If you are applying for adjustment of status in the United States, you have two options. If you are sure that you need a waiver, you can file the application along with your application for a green card. Or, you can wait until your interview with USCIS, at which time the officer will tell you if you need a waiver and give you a deadline to submit the application.

If you are applying for your green card through a consulate, you must first attend your scheduled interview. At the interview, the officer will tell you whether you need a waiver. Please note that in this process, you are not able to apply for the waiver prior to your interview.

What evidence do I need to include with my application?

You will want to include as much evidence as possible regarding why you are deserving of a waiver. This includes proof of family members with legal status in the United States, proof of hardship to you and your family if you are not permitted to return to the United States (or permitted to stay in the U.S.), and proof of your good moral character. If you are required to spend a certain amount of time outside of the United States before applying for the waiver, you should also provide proof that you have been residing in another country (such as lease agreements, proof of employment, and proof of bill payment).

Other important information

The law regarding inadmissibility is complicated. Certain individuals will need to spend ten years outside of the United States before they will be eligible to reenter. Therefore, you should consult with an immigration attorney prior to filing any applications or leaving the country for an interview at the consulate.