Please note that all the processing data mentioned in this blog is directly fetched from the USCIS Case Processing Times website every month. Our team manually checks the data to ensure accuracy. However, we advise you to visit the official USCIS website for the most up-to-date information.
The I-212 waiver process is a crucial step for individuals who have been previously deported from the United States and wish to return. This waiver is also known as the Application for Permission to Reapply for Admission into the United States after Deportation or Removal. The I-212 processing time can vary depending on various factors, and it is important to understand these factors in order to increase your chances of success.
What is the I-212 ?
One of the reasons why you may be denied entry to the United States is if you have been previously removed or have overstayed your authorized period of stay in the country. This is known as being inadmissible under INA section 212(a)(9)(A) or (C). If you fall under this category, you need to apply for a special permission to re-enter the United States, called consent to reapply for admission. This permission is granted by the Department of Homeland Security (DHS) under INA section 212(a)(9)(A)(iii) or (C)(ii). You must file an application for consent to reapply before you attempt to return to the United States and wait for DHS to approve it. Otherwise, you may face serious consequences.
If you try to return to the United States without obtaining consent to reapply or without being inspected and admitted by an immigration officer, you may be permanently barred from entering the country under INA section 212(a)(9)(C). This applies if you have been excluded, deported, or removed from the United States in the past, or if you have accumulated more than one year of unlawful presence in the country. You may also face other penalties, such as reinstatement of your previous removal order under INA section 241(a)(5), criminal prosecution under INA section 276, and denial of any future immigration benefits. Even if you have a valid visa, it may not protect you from these consequences if you are required to obtain consent to reapply but did not do so.
Therefore, it is very important that you follow the proper procedures and obtain consent to reapply for admission if you are inadmissible under INA section 212(a)(9)(A) or (C). This will help you avoid further complications and ensure that your immigration status is lawful and secure. For more information about the grounds of inadmissibility and how to apply for consent to reapply, please refer to the Detailed Description of Grounds of Inadmissibility Under INA Sections 212(a)(9)(A) and (C), and Criminal Penalties Under INA Section 276 section of these Instructions.
I-212 Processing Time
|Category||Office||80% of cases are completed within|
|Permission to reapply for admission after deportation and removal||Nebraska Service Center||24.5 Months|
Factors That Influence the I-212 Processing Time
The I-212 processing time can vary depending on various factors, including the individual’s case history, the USCIS workload, and the type of waiver requested. Some of the key factors that can influence the I-212 processing time are discussed below.
The case history of the individual is one of the key factors that can influence the I-212 processing time. If the individual has a history of criminal activity, immigration violations, or other negative factors, their application may take longer to process. On the other hand, if the individual has a clean case history, their application may be processed more quickly.
The USCIS workload can also have a significant impact on the I-212 processing time. If the USCIS is experiencing a high volume of applications, it may take longer to process individual applications. On the other hand, if the USCIS is experiencing a lower volume of applications, the processing time may be shorter.
Type of Waiver Requested
The type of waiver requested can also influence the I-212 processing time. If the individual is requesting a waiver based on a humanitarian reason, such as the need to care for a sick relative, their application may be processed more quickly. On the other hand, if the individual is requesting a waiver based on a discretionary reason, such as their own desire to return to the United States, their application may take longer to process.
Steps to Speed Up the I-212 Processing Time
While the I-212 processing time can vary depending on various factors, there are steps that individuals can take to increase their chances of success and speed up the process. Some of the key steps include:
- Gathering all necessary documentation and completing the application accurately and thoroughly
- Providing clear and convincing evidence to support the waiver request
- Staying in communication with the USCIS and responding promptly to any requests for additional information
The I-212 waiver process is a crucial step for individuals who have been previously deported from the United States and wish to return. Understanding the key factors that can influence the I-212 processing time, such as the individual’s case history, the USCIS workload, and the type of waiver requested, can help individuals increase their chances of success and speed up the process. By taking the necessary steps to prepare a strong application, individuals can increase their chances of receiving a favorable decision and returning to the United States.