Individuals who were ordered removed or deported from the U.S. are considered “inadmissible,” or ineligible to reenter the U.S. for a specified period of time. However, depending on how and why an individual was ordered removed, he or she may be able to reenter the U.S. by filing Form I-212 Application to Reenter After Deportation. Eligibility to file an Application to Reenter After Deportation depends not only on the reason why the individual was removed but also on when the individual was removed.
In addition to submitting Form I-212, the removed individual must present qualifying evidence such as documents demonstrating his or her good moral character, documents related to their prior removal from the U.S., and information detailing the individual’s prior stay in the U.S. This application is also discretionary, meaning that the officer or agency tasked with approving the application can take all factors of an individual’s case into account when adjudicating the case.
An individual should therefore submit evidence detailing the favorable reasons why he or she should be given permission to enter the U.S. This information can include family ties in the U.S. or hardship to any U.S. citizen or permanent resident immediate relatives if the individual is precluded from coming to the U.S. Unfavorable factors can include unauthorized employment, criminal history, reasons for prior removal, and any likelihood of repeat criminal or illegal activities. It is important to compile as much evidence as possible demonstrating that the individual warrants a favorable exercise of discretion by the appropriate adjudicating authority.
Surowitz Immigration, P.C.’s I-212 application to reenter after deportation attorneys can assist with the reentry process. If you have questions or would like more information, contact us today.
