If a close friend or a family member of yours was deported from the U.S. and you are looking for information on how they can reenter the country, you’ve come to the right place. In this article, we are going to explore the for those looking to come back to the U.S. so that your friend or relative understands the basic requirements he or she must meet.
What requirements must a foreign national meet before they can reapply for admission to the United States?
Before a foreign national can reapply for admission after being removed or deported from the U.S., he or she must obtain consent from the Department of Homeland Security (DHS) to do so. How do they do this? They must file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal with USCIS. According to the agency, “If you are inadmissible under the Immigration and Nationality Act (INA) section 212(a)(9)(A) or (C), you must ask for consent to reapply for admission to the United States before you can lawfully return.” If you’re friend or relative is unsure as to whether they are required to file Form I-212, you should contact New Jersey deportation attorney Eric M. Mark who can help determine this.
Important: USCIS says that if an individual is required to obtain consent before reapplying, they cannot return to the U.S. before they have filed an application for consent to reapply and before the Department of Homeland Security (DHS) approves it. Those who return to the U.S. without obtaining the proper authorization to do so could face some serious consequences including being permanently barred from reentry.
Instructions for Filing Form I-212
When filing Form-212, an applicant will be required to pay a $930 filing fee, so it is important that all the required information that is listed on the application is submitted and everything that included on or with the application is accurate. USCIS does “encourage [an applicant] to submit as much evidence as possible to explain why [he/she] believes that [their] application should be approved” and it is recommended that [they] “describe the favorable and unfavorable factors in [their] case and explain why [they] think the favorable factors should be given more weight.”
USCIS has provided examples of some favorable factors your friend or relative might consider including with their application, some of which we have shared with you below:
- They have close family ties in the United States.
- Hardship to [their] relatives who are U.S. citizens or lawful permanent residents, or to [themselves], or [their] employer in the United States.
- Evidence of reformation and rehabilitation.
- Length of lawful presence in the United States and [their] immigration status while [they] were lawfully present.
- Evidence of respect for law and order, good moral character, and family responsibilities or intent to hold family responsibilities.
- Absence of significant undesirable or negative factors.
- Eligibility for a waiver of other inadmissibility grounds.
- The likelihood that [they] will become a lawful permanent resident in the near future.
It is also important to remain cognizant of the fact that the approval of Form I-212 is “at the discretion of the agency with jurisdiction over [an] application.” Essentially, what this means is that “the adjudicator will weigh the favorable and unfavorable factors presented in your case to determine whether to approve your application.” It is for this reason that we do encourage you to contact the Law Office of Eric M. Mark to ensure your friend or relative’s application is filled out properly and that they are including supporting evidence that will increase their chances of getting it approved.
Other Important Information Regarding Filing Form I-212
Aside from paying the filing fee and submitting the completed application, a foreign national may also be asked to appear for an interview or provide fingerprints, a photograph, and/or a signature at any time to verify [a person’s] identity, obtain additional information, and conduct
background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on [a person’s] application, petition, or request.”
Once USCIS receives an application and confirms that it is complete, your friend or relative will be informed in writing whether or not he/she will need to attend a biometrics appointment.
Where does Form I-212 need to be filed?
You can click here or call the National Customer Service Center at 1-800-375-5283 to find out where Form I-212 needs to be filed.
Now, if you need additional information regarding reapplying for admission to the U.S., our immigration law firm located in NJ is available to provide it to you. Simply call us or visit us at one of our locations listed below to schedule a time to speak with NJ immigration lawyer Eric M. Mark.
The Law Office of Eric M. Mark is located at:
Jersey City Office
121 Newark Avenue, Suite 515
Jersey City, NJ 07302
201 Washington Street
Newark, NJ 07102
20 Commerce Drive, Ste. 135
Cranford, NJ 07016