Our office recently received notice of approval of a Form I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal. The I-212 waiver is required in order to overcome a 2001 removal order issued by a U.S. Immigration Judge.
Our client initially entered the U.S. without inspection, however, she immediately applied for political asylum pro se with U.S. Citizenship and Immigration Services (“USCIS”). Following an interview, the asylum application was referred to an Immigration Judge. Our client then enlisted the assistance of two (2) law students to present her case for asylum before the Immigration Court. The Immigration Judge denied the asylum application and ordered the applicant removed from the United States.
Our client departed the United States in advance of the final date of removal. Rather than returning to her native country, however, our client departed the U.S. for Canada, where she pursued a refugee claim. During her time in Canada, our client began a romantic relationship with her current fiancé, a U.S. citizen. He subsequently filed a fiancé petition (Form I-129F) pro se with USCIS on behalf of his future wife. Following approval of the petition, our client attended the K-1 visa interview at the U.S. Consulate in Montreal pro se. At the interview, she was told that a visa could not be issued due to her previous removal from the United States. She was told to apply for an I-212 waiver.
Following the visa interview, our client contacted our office for the first time. We assisted her with the preparation and submission of an I-212 waiver application package, including a comprehensive legal brief and supporting documentation. Specifically, our legal brief addressed the factors to be considered pursuant to the Board of Immigration Appeals’ (“BIA”) precedent decision, Matter of Tin, which set forth the following nonexhaustive list of factors for consideration:
After careful consideration, USCIS granted our client’s application for an I-212 waiver, thereby granting her permission to reapply for admission into the United States. The approved I-212 waiver was sent to the U.S. Consulate in Montreal, which will issue the K-1 visa that our client needs before she can enter the U.S. lawfully.