Individuals who have been deported or removed from the U.S., or who departed the U.S. after the expiration of a voluntary departure order are barred from being readmitted to the U.S. for 5, 10 or 20 years, depending on why there were deported. In order to be readmitted, applicants will need to ask for permission to reenter to the U.S. in advance by filing an I-212 Form. This application often is filed along with a waiver application and the same evidence can be used to meet the requirements. Depending on the facts of each case, this application must be filed either at the same Consulate or Embassy where the beneficiary will undergo consular processing, or with the USCIS office which has jurisdiction over the place of the original deportation.
Unlike a waiver application, this application does not require the applicant to show extreme hardship to any specific family member. However, USCIS will consider the following factors:
- Causes of the deportation or removal
- Length of time since deportation
- Length of lawful residence in the U.S.
- Evidence of good moral character
- Evidence of respect for the law
- Family responsibilities in the U.S.
- Close family ties in the U.S.
- Eligibility for a waiver of other grounds of inadmissibility
- Evidence of reformation or rehabilitation