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Those foreigners who have been deported or removed from the United States have been penalized and will not allowed to legally enter the country for a fixed period of time – that is, unless they obtain a Waiver or I-212 Waiver.

When is it not necessary to request this waiver?

I-212 Waiver When not to apply for one?

Not all foreigners who have been deported need this waiver in order to request a Non-Immigrant or Immigrant Visa for the Green Card.

Thus, if it not necessary it must not be requested. Doing so would be a waste of time and money. The following people do not need to request this waiver:

  1. Those foreigners who reached a U.S. Port of Entry and were allowed to withdraw their request to enter the country.
  2. Those foreigners who upon arriving at a U.S. Port of Entry were detained and barred from entering the country, but who were not subjected to an order of immediate removal. It is important to distinguish when there has been a removal and when a foreign citizen is not allowed entry and is returned to the country of origin.
  3. Those foreigners who were detained at the border trying to illegally cross into the country but who for whatever reason did not receive an order of immediate removal.
  4.  Those foreigners who arrived at a U.S. Port of Entry without a Visa because they are from a country that belongs to the Visa Waiver Program but were not allowed entry.
  5. In the case of voluntary exit whenever a person has left the United States within the permitted period of time. This is a really important exception.
  6. Applicants of the U Visa who are the victims of violence while in the U.S., and who request a change of status.
  7. Those who have been deported or removed after complying with the penalty time. It is important to know the time that applies to each case.

 

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