Countries are responsible for their own immigration laws. In the US, USCIS oversees immigration laws and procedures. A foreign national must obtain a visa to enter the US legally. If removed or expelled, they may receive a re-entry ban and must fill out a 212 waiver to re-apply for entry. The waiver does not guarantee entry, only the ability to request it.
Individual countries around the world are responsible for making, implementing and enforcing their own immigration laws and procedures. Within the United States, the US Citizenship and Immigration Service (USCIS) is the agency responsible for overseeing immigration laws and procedures. When a foreign national has been deported from the United States and barred from returning, he or she must file a USCIS Form I-212 – Application for Authorization to Re-Apply for Permission to Re-enter the United States After Deportation or Removal, commonly referred to as a “ Waiver 212”.
The immigration laws and procedures that allow entry into the United States are very strict and very complex. A foreign national must first obtain a visa to legally enter the United States. Both non-immigrant and immigrant visas are issued. Nonimmigrant visas are used for educational, commercial and tourism purposes and allow the holder entry for a limited period of time only. Immigrant visas are issued to applicants who intend to live in the United States and ultimately seek citizenship.
When a foreign citizen is present in the United States illegally, either because he has exceeded his visa or because he entered without a visa, a removal procedure is initiated. If the person does not have a valid legal reason to stay in the country, the court issues a removal order. In most cases, a person who has been removed or expelled also receives a re-entry ban for a number of years, usually between five years and life. If the foreign national subsequently has a valid reason to obtain a visa, the only way to re-apply for entry is to fill out a 212 waiver.
Completing a 212 waiver in no way guarantees the applicant that he or she will be granted permission to enter the United States. Submitting the 212 waiver is only the first step in obtaining legal permission to re-enter. The application form and instructions can be downloaded from the USCIS website, as well as instructions on where and how to submit the form.
Once your 212 waiver form has been filed, it will be reviewed by USCIS and a decision will be made as to whether or not the waiver will be granted. If waiver 212 is approved, the applicant is allowed to request re-entry despite the re-entry ban he was given following his expulsion. It is important to understand that the 212 waiver itself does not give an applicant permission to enter the United States; it only allows the permit applicant to request entry.
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