There are Remedies for Deportations: The I-212 Waiver

Written by Attorney Matthew Katz

At last your daughter has her 21 years, and over joyed not only because she is getting married and out of from under your roof! All these years of love and work on raising your daughter is going to present a definite advantage for you: the opportunity to fix your immigration status.

Your daughter (a university graduate, such a proud moment!) fills all the required documents and sends them to the immigration department. You wait a year to get the date of your interview, and you are so happy! A you sit down with the immigration officer, he immediately pulls out a sheet with your picture and fingerprints, and deportation order of yours from many years ago. "Oh, no!" you scream, and leave the meeting with tears after receiving the sheet with "DENIED" by the officer. You come home disappointed and frustrated, convinced that to infinity you will remain undocumented in this country.

NOT SO! There is a remedy for you. If there is a little known waiver called "Permission to reapply for admission after deportation or removal." Section 212 (a) (9) (A) (iii) of the Immigration Act and section 8 CFR 212.2 of the federal regulations that effectively explain the Immigration Service has the power to "forgive" your previous deportations from being a barrier to fix you. There are ten factors that use the Service to adjudicate his forgiveness: (1) the bases of deportation, (2) how recent was the deportation, (3) the time to reside in the U.S., (4) the personal and moral Applicant, (5) his respect for law and order, (6) tests reformed and rehabilitated, (7) family responsibilities (8) lack of admissibility down any another section of the law, (9) damage to self and others, and (10) the need for services in the U.S.

In a case of the branch of Immigration Appeals, January, 2008, a Mexican woman won her case, she had a deportation in 1984, another in 1986, and another denial of a request in 1990 and another in 1998 (that is a story filled with migratory problems!). Also, the woman re-enters the U.S. illegally after deportation and given a "permanent barrier".

Present the I-212 waiver! The branch of Appeals approved this case because the woman, now applying for residency through her son, she submitted letters of recommendation from colleagues, friends and neighbors to "indicate that she is a laborious, reliable, who also is a good mother to her child.

The woman became a resident, despite her past; she won her case by asking for the waiver. There is a remedy!

© 2008, Matthew A. Katz, Esq