I-212, Application for Permission to Reapply Granted For A Seven-Year-Old Removal Order
May 25, 2024

Table of ContenTS

The Law Offices of Sabrina Li has been successful in assisting another client. Here’s a case that highlights our dedication and expertise in complex immigration matters.

Assistance After Approval of Spousal I-130

Our client came to us with an approved petition for an alien relative (I-130) filed by his U.S. citizen wife. Despite this approval, he faced a complicated immigration history, including a final removal order. He sought our help to navigate the next steps of his process.

Complex Immigration History

Upon thoroughly reviewing the client's immigration file from all necessary agencies, we discovered a critical issue: the I-130 incorrectly indicated that our client could adjust his status in the United States. Despite entering with a valid visa, he was ineligible to adjust his status due to an outstanding removal order issued seven years prior. The client had previously attempted to fight this removal order through appeals and a motion to reopen with the BIA, all of which were denied.

We recognized the necessity of taking corrective action on the I-130 and simultaneously filing an I-212 waiver for the client's removal order. Without the waiver, the client would have to leave the United States for ten years before reapplying for admission. Ensuring the waiver's approval was our top priority.

Taking Immediate Action: Fast and Effectual

First, our firm decided to take corrective action on the I-130 and request that the client’s file be forwarded to the National Visa Center (NVC) for processing at the appropriate consulate. To do so, we had to file yet another request with USCIS. However, our firm knew that this request could take over a year to be processed, so we decided to file the waiver while the form was pending.

Thus, we filed an I-212 waiver for the client. In the waiver, we established that the client had a long residence in the United States, had never been in trouble with law enforcement, had strong ties to family in the United States who would suffer hardship in his absence and that he would suffer greatly in his home country. However, just nine days after our filing, USCIS issued a Notice of Intent to Deny (NOID) claiming that our client was not eligible for the I-212 until his case was forwarded to the NVC.  

Our office immediately responded pointing out that nothing in case law, the statute, or any federal regulations stated that the petition to forward the case to the NVC had to be approved for the waiver to be granted. Our sound arguments won, and USCIS approved the waiver just seven days later!

The I-212 waiver

If you have a final removal order, there may be a bar against future admission to the U.S. for 5, 10, or even 20 years, depending on the circumstances. An I-212 waiver can be used to overcome this bar. If granted, the I-212 allows the person to seek admission to the United States even though they have not waited the required period of time after removal.

To be eligible for the I-212 waiver which grants permission to reapply for admission to the United States after an order of removal, an individual must:

  • Be an applicant for admission to the United States; and
  • Establish they merit a grant of discretion.

The Law Offices of Sabrina Li: Zealously Fighting for Your I-212 Waiver Application

Sabrina Li, our founding attorney, is certified by the State Bar of California as a specialist in immigration and nationality law. Alongside her excellent team of legal professionals, they possess extensive experience with immigration waivers, including the I-212 waiver.

If you or someone you know is facing a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Contact us today at (213) 375-8096 or email us at info@sabrinali.law. We are fully committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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