Waiver I-212 Permitted for Indian B-1/B-2 Visa Aspirant Subject to 5 Year Ban

Our client contacted my Indian office after being expeditiously removed from the United States throughout his/her beloved ones tried entry into the United States on legal B-1/B-2 visitor visas.  During an examination in the arriving port of entry, the Custom and Border Protection officer searched through their luggage and discovered objectionable materials and study books for their children in addition to their medical records.

Our client informed the Custom and Border Protection officer that children and his wife planned to stay momentarily at home of a relative while TB Lungs was then a public health concern in

India.  He informed the Custom and Border Protection officer that children and his wife would return to India within 5 months.  Our client himself planned to return to India within a few days to attend to businesses he owns and operates within his home country.

The Custom and Border Protection officer determined that our client’s household did not overcome their presumption of immigrant intent and expeditiously removed them from the United States    My client subsequently contacted me because he had to go back to the United States to meet with business partners and customers and attend trade conventions which are essential to the operation and success of his company.

the Immigration and National Act Section 212(a)(9)(A)(I) and (ii) , as added by IIRAIRA Section 301, provides that foreign nationals who have been ordered removed might not be readmitted to the United States  until they’ve remained outside the United States   for a specified time period!

  • Five years for individuals removed through summary exclusion or through removal proceedings initiated upon the person’s coming from the United States;
  • 10 years for those otherwise arranged removed following a deportation hearing who departed the United States while an order of removal was exceptional; and
  • 20 years to get a second or subsequent removal.

The I-212 waiver enables foreign nationals who want to go back to the United States prior to meeting the essential period of time beyond the United States to file a request through an application for consent to reapply pursuant to INA Section 212(a)(A)((iii).

The USCIS exercises broad discretion at the time of adjudicating I-212 waiver requests for permission to reapply.   The following can be considered positive factors in granting permission for premature re-entry:

  • The basis for the deportation
  • Recency of deportation
  • Foreign national length of residence in the United States, and status held during that presence
  • Family responsibilities and ties to the United States
  • Foreign national evidence of good moral character
  • Foreign national regard for law and order
  • Evidence of reformation and rehabilitation
  • Hardship involving the applicant and others
  • Requirement for the applicant’s services in the United States
  • If the applicant has an approved immigrant or non-immigrant visa petition
  • Qualification for a waiver of other inadmissibility grounds
  • The absence of significant negative or unwanted factors
  • Negative factors might include:
  • Evidence of depravity, for example, tendencies reflected by an ongoing unlawful activity or continuing police record
  • Repeated violations of immigration laws disregard of other
  • Legislation
  • Likelihood of becoming a public charge
  • Poor psychological or physical condition (nevertheless, a need for remedy in the United States for such a condition will be a favour-able factor)
  • Absence of close family ties or hardships
  • Spurious marriage to a USA taxpayer for purpose of gaining an immigration benefit
  • Employment in the United States
  • Deficiency of ability for which labour accreditation may be issued
  • Acute violation of immigration laws, which signs a attitude with-out indication of reformation of personality
  • Existence of other grounds of inadmissibility into the United States.

In service of our client’s I-212 waiver application, we prepared a brief that was comprehensive going over how a facts and conditions of his situation met the legal standards used to adjudicate an I-212 waiver application for a B-1/B-2 non-immigrant visa candidate.  The legal standards included those put forth by the Board of Immigration Ap-peals in its own precedent decision

Just as importantly, we presented proof of our client’s ties to his home country in order to overcome the presumption of immigrant intent.

We discussed and provided evidence of our client’s past travels to the USA, Canada, the UK, along with other nations of the European Schengen Area.  We presented details of his previous travels to the United States on business, attending trade conventions and conferences at that he and the management team of his businesses have Obtained training in cutting-edge technology, strategies, and Methodologies in their business sector; negotiated contracts; and initiated business contacts with potential customers.

I-212 waivers for non-immigrants residing outside the United States and using for non-immigrant visas are submitted in the US embassy or consulate with jurisdiction over the applicant’s place of residence. Therefore, this waiver was filed to the US consulate in Delhi.

The waiver I-212, which we  have filed  for our client was subsequently approved.  Now he is able to freely visit the United States to further expand his businesses, meetings and do needful activities in his respective business sector.



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