Do you need a waiver of removal?

The first thing many who have been deported from the United States asks is "when may I return?" In most cases, you can't return to the United States after you have been ordered removed for the period specified in the order of removal, but like many laws, there are exceptions. The Immigration and Nationality Act provides that a person may return to the United States, despite the bar on re-entry, if the Attorney General has consented to the person’s reapplying for admission. The application for re-entry is filed either in the United States or at the oversees consulate who has the authority to grant what is called an "I-212 Waiver."

This I-212 Waiver is for an inadmissible immigrant or non-immigrant that is seeking permission to reapply for admission into the United States (also known as "consent to reapply") after they have been excluded, deported, or removed from the United States or had been unlawfully present in the United States for an aggregate period of more than 1 year, and subsequently entered or attempted to reenter the United States without being admitted.

Persons who may benefit from this waiver include:

  • Persons previously removed subject to an order of removal entered by anImmigration Judge;
  • Persons who fail to timely depart under an order of voluntary departure issued by an Immigration Judge, whose voluntary departure is converted to an order of removal; and
  • Persons who have been subject to an order of expedited removal issued by the border patrol

Specific time periods which bar re-admission:


  • Persons ordered removed in an expedited removal proceeding
  • Persons removed through removal proceedings initiated upon the person's arrival in the U.S.


  • Persons otherwise ordered removed after a removal hearing before an Immigration Judge
  • Persons who departed the U.S. while an order of removal was outstanding


  • Persons ordered removed more than once

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The more you understand the immigration process and the importance of the proceedings, the more you can be involved in the solution. Bennett Grossman wants you to gain insight from the experience, no matter the outcome.

When you are searching for an attorney in the South Florida area, choose one who will help you in more ways than one.