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I-212, Application for Permission to Reapply for Admission into the United States
FREQUENTLY ASKED KNOWLEDGE BASED QUESTIONS
How long does a 212 waiver take?
It is advised that before making an inquiry about the status of your application, giveaAt least 140 days from the date of submission of your Form I-212. A full review of your circumstances can take up to six months or longer.
Who needs to file Form I 212?
Inadmissible immigrant and non-immigrant population that is seeking permission to reapply for admission into the United States has to fill form I-212, it is also known as consent to reapply. I-212 is filed afteryou have been excluded, deported, or removed from the United States or had been unlawfully present in the United States.
How much does the I 212 cost?
The I-212 waiver filing fee is $930.The USCIS government filing fee is $535 for the immediate relative petition. There is no USCIS filing fee for the K-3 spouse visa petition.
My Sister and younger brother are Citizen and I am illegal from last many years, can I apply for the waiver?
Unfortunately, a sibling’s relationship is not enough to demonstrate hardships. Only those who have a U.S. citizen or permanent resident spouse or a parent or a U.S. citizen child may qualify. Note: the hardship must be shown to a U.S. citizen spouse or parent. For example, you have a U.S. citizen brother who sponsored your mother and now she is a permanent resident. If you have a current immigrant visa petition and can demonstrate hardships to your mother, you may qualify for a waiver.
If the waiver is approved and the beneficiary leaves the country, does that guarantee that he/she will be allowed to return to the US?
. The waiver does not waive all possible grounds of inadmissibility, just the unlawful presence one. It means that each case has to be carefully evaluated by an attorney prior to submission with USCIS.
My Child has been in the US with a pending petition for the last 10 years and the petition has become current, during this time my child got married. Can my child apply for the waiver if their spouse is not a US Citizen through my petition?
Probably yes. It depends on your status. If you are a US citizen and the petition you filed for your child was properly filed so that it is valid, the child may qualify for a waiver, and now, the new provisional waiver allows dependents to benefit from it as well.
My Parent petitioned for me years ago and now my petition is current. I am currently on a Student Visa/ any other legal status. Can I apply for the waiver?
You do not need to file waiver ,If you have maintained legal status the entire time you spent in the United States. You can simply file for adjustment of status. If you need help we will be glad to help you.
My Son is twenty one year old United States Citizen, will this help me to get a waiver?
The waiver “works” only when you have an approved qualifying immigrant visa petition. In the case with a child, the child, first must turn 21 in order to sponsor you. Then, he/she files I 130 petition for you, once that is approved you need to pay immigrant visa fees and an affidavit of support fee, and then you may apply for a waiver. However, you still need to have a spouse or a parent in citizenship or permanent resident status to qualify.
