1. How long does the NVC processing for an I-212 application take?

The processing time for an I-212 application can vary depending on the individual circumstances of the case and the workload of the National Visa Center (NVC). Generally, however, the processing time for an I-212 application can take anywhere from several weeks to several months.

2. What are the requirements for submitting an I-212 application?

In order to submit an I-212 application, applicants must fill out Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, as well as provide documentation that demonstrates why they are eligible for permission to reapply, including evidence of rehabilitation. Applicants must also submit any additional supporting documents required by the USCIS, along with the relevant filing fee.

3. What evidence is required to support an I-212 application?

The evidence required to support an I-212 application can vary based on individual circumstances. Generally, evidence such as official documents, letters and/or affidavits that establish an individual’s identity, the reasons for the prior removal/deportation, and any other circumstances relevant to the application should be provided. Additionally, financial evidence may be needed to demonstrate that an individual has the means to support themselves while in the U.S. and will not become a public charge.

4. How much does it cost to file an I-212 application?

The fee for filing an I-212 application is $930.

5. Are there any additional documents that are required to submit with an I-212 application?

Yes, some additional documents may be required to submit with an I-212 application. These documents can include proof of identity, proof of nationality, evidence of deportation or removal from the U.S., proof of financial support, medical records, court or police records, and any other relevant documents.

6. What is the procedure for applying for an I-212 waiver of inadmissibility?

In order to apply for an I-212 waiver of inadmissibility, you must first file Form I-212, Application for Permission to Reapply for Admission after Deportation or Removal, with U.S. Citizenship and Immigration Services (USCIS). Along with the form, you must submit a detailed statement explaining why you believe you are eligible for a waiver and include any relevant evidence. USCIS will review your application and any accompanying evidence and make a decision on your eligibility. If USCIS approves your application, you may reapply for admission into the U.S.

7. What are the grounds of inadmissibility that may prevent an I-212 application from being approved?

The grounds of inadmissibility that may prevent an I-212 application from being approved include:

1. Immigration Violations: Having previously been unlawfully present in the United States, having entered without inspection, having been removed or deported from the United States, or having violated the terms of a previous admission.

2. Criminal Grounds: Having committed certain criminal activities, including drug-related offenses and terrorist activities.

3. Health-Related Grounds: Having a communicable disease, mental disorder, or physical or mental disorder with associated harmful behavior.

4. Public Charge: Being likely to become a public charge due to financial circumstances.

5. Security and Related Grounds: Being engaged in espionage, sabotage or other activities that could endanger U.S. national security, or being a member of an organization that advocates for the overthrow of the U.S. government by force or violence.

6. Misrepresentation or Fraud: Providing false information to gain admission to the United States; having fraudulently obtained or attempted to obtain a visa, other documentation, admission into the U.S., or any other immigration benefit; or having previously been removed from the United States due to such misrepresentation or fraud.

7. Labor Certification and Illegal Employment: Not having obtained proper labor certification or permission to work in the United States prior to engaging in employment; and/or having engaged in unauthorized employment during a previous stay in the United States.

8. What is the process for appealing an I-212 application decision?

To appeal an I-212 application decision, a petitioner must submit Form I-290B to the United States Citizenship and Immigration Services (USCIS) within 30 days of receiving the decision. The form must be accompanied by a written statement explaining why the petitioner believes the decision should be overturned and any evidence to support their claim. The USCIS will review the appeal and make a final determination.

9. In what circumstances can an applicant receive a deferred action for their I-212 application?

An applicant can receive a deferred action for their I-212 application if they demonstrate a valid reason for why the application should be reviewed at a later date. This may include circumstances such as pending travel documents or proof of income, or other extenuating circumstances. Additionally, applicants may request deferred action due to humanitarian or emergency situations, or if they are a part of a vulnerable population such as unaccompanied minors.

10. How is the status of an I-212 application checked?

The status of an I-212 application can be checked online on the US Citizenship and Immigration Services website or by calling the National Customer Service Center at 1-800-375-5283.

11. Can a family member accompany an applicant while their I-212 application is being processed?

No, a family member cannot accompany an applicant while their I-212 application is being processed.

12. Are there any time restrictions on when an applicant may reapply after having their I-212 application denied?

Yes, an applicant may reapply after their I-212 application has been denied, but they must wait at least one year from the date that the application was denied.

13. What supporting documents are needed to show that an applicant has provided proof of rehabilitation following a criminal conviction?

The supporting documents that may be needed to show that an applicant has provided proof of rehabilitation following a criminal conviction depend on the type of offense and the jurisdiction in which it took place. In general, these documents may include a copy of the court order or decree to show the conviction and its disposition, any records related to completion of community service or fines, records of any rehabilitation programs participated in, evidence of any restitution paid, and letters of reference from employers, counselors, or other individuals attesting to the applicant’s rehabilitative efforts.

14. How can an applicant submit evidence of their good moral character when applying for permission to reapply for admission under I-212?

An applicant can submit evidence of their good moral character when applying for permission to reapply for admission under I-212 by providing documents such as official character reference letters. These should be written by individuals who can attest to the applicant’s good moral character and who have known the applicant for a long period of time. Other forms of evidence that can be submitted include letters from employers, educational institutions, or other organizations that the applicant has been affiliated with, as well as court records that show no criminal convictions.

15. How often must an applicant update their information with the NVC while their I-212 application is pending?

The applicant is encouraged to update their information with the NVC as their circumstances change. This can be done by sending an email to [email protected] or by calling 603-334-0700.

16. Is a background check conducted as part of the NVC processing for an I-212 application?

No, a background check is not conducted as part of the NVC processing for an I-212 application. An I-212 application is for a waiver of inadmissibility, which requires applicants to provide proof of their eligibility for relief. The NVC will review the documentation provided to determine if the applicant meets the requirements of the I-212.

17. Are there any restrictions on who can file a joint I-212 application?

Yes, there are restrictions on who can file a joint I-212 application. In order to file the application, both applicants must be related by marriage or blood, and both must have a valid passport and be currently present in the U.S. In addition, both must provide proof of their relationship in the form of original or certified copies of marriage certificates, birth records, or other supporting documents.

18. Can third parties provide information to the NVC on behalf of the applicant during the processing of the I-212 application?

Yes, third parties can provide additional information to the NVC on behalf of the applicant. This can include evidence that the applicant has been granted a waiver of the inadmissibility or other supporting documents. The NVC will consider all of the information submitted in making its decision regarding the application.

19. What types of fees must be paid as part of the NVC processing for an I-212 application?

The fees for an I-212 application include the USCIS filing fee, the NVC fee, and the Department of State fee. Additionally, you may need to pay an additional visa processing fee.

20. Is there a way to expedite the NVC processing of an I-212 application?

No, unfortunately, there is no way to expedite the processing of an I-212 application. The processing time for this application can vary and is determined by the National Visa Center (NVC). Applicants should allow at least 90 days for processing before contacting the NVC to inquire about the status of their application.