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Returning to U.S. After Removal & Form I-212

QUESTION: I was deported along with my family about a year and two months ago to my native country Colombia.  Our asylum process was denied. Although in the meantime, we had another family petition from my grandparents which are citizens and that residence petition was approved after we were deported. I was about to graduate from college and we were working at a tourist company in Orlando, Fl, where we resided for almost 10 years.

I have been doing some research and I wanted to get professional opinion as well. I am aware how delicate our situation is and our case it is not an easy task.  Is there any possibility to get a work and/or study visa?  Would we be eligible in order to apply for any waiver such as FORM I-212?

REPLY: While I cannot offer you case-specific advice, I can provide you with some general information that should be helpful.

Any individual that is ordered removed by an Immigration Judge is inadmissible for a period of 10 years (if it was the first time being removed from the U.S.) unless he/she obtains permission to reapply for admission.  This permission is applied for by filing Form I-212.

If the DHS grants the application for permission to reapply for admission (Form I-212), the individual may then proceed to apply for a nonimmigrant visa (including employment and student visas) provided that no additional grounds of inadmissibility apply.  The individual may also apply for an immigrant visa so long as no other grounds of inadmissibility apply.

If additional grounds of inadmissibility such as fraud, unlawful presence, criminal activity, etc. apply, the individual will also have to waive those grounds prior to obtaining any type of visa.

If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation. 

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