Noncitizens Previously Removed or Unlawfully Present

Posted on June 25, 2013 by Mike Baker

Noncitizens Previously Removed or Unlawfully Present.

Unlawful Reentry

Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006)

(1) An alien who reenters the United States without admission after having previously been removed is inadmissible under section 212(a)(9)(C)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i)(II) (2000), even if the alien obtained the Attorney General’s permission to reapply for admission prior to reentering unlawfully.

(2) An alien is statutorily ineligible for a waiver of inadmissibility under the first sentence of section 212(a)(9)(C)(ii) of the Act unless more than 10 years have elapsed since the date of the alien’s last departure from the United States.Matter of Rodarte, 23 I&N Dec. 905 (BIA 2006)

Matter of Rodarte, 23 I&N Dec. 905 (BIA 2006)

(1) To be rendered inadmissible for 10 years pursuant to section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act, 8 U.S.C § 1182(a)(9)(B)(i)(II) (2000), an alien must depart the United States after having been unlawfully present in the United States for 1 year or longer.

(2) Pursuant to sections 301(b)(3) and 309(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of Pub. L. No. 104-208, 110 Stat. 3009-546, 3009-578, 309-625, no period of an alien’s presence in the United States prior to April 1, 1997, may be considered “unlawful presence” for purposes of determining an alien’s inadmissibility under section 212(a)(9)(B) of the Act.

Matter of Briones,, 24 I&N Dec. 355 (BIA 2007)

(1) Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act, 8 U.S.C. §§ 1182(a)(9)(C)(i)(I) (2000), covers recidivist immigration violators, so to be inadmissible under that section, an alien must depart the United States after accruing an aggregate period of ““unlawful presence”” of more than 1 year and thereafter reenter, or attempt to reenter, the United States without being admitted.

(2) Adjustment of status under section 245(i) of the Act, 8 U.S.C. §§ 1255(i) (2000), is not available to an alien who is inadmissible under section 212(a)(9)(C)(i)(I) of the Act.

Matter of Lemus, 24 I&N Dec. 373 (BIA 2007)

(1) An alien who is unlawfully present in the United States for a period of 1 year, departs the country, and then seeks admission within 10 years of the date of his departure from the United States, is inadmissible under section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. §§ 1182(a)(2)(B)(i)(II) (2000), even if the alien’’s departure was not made pursuant to an order of removal and was not a voluntary departure in lieu of being subject to removal proceedings or at the conclusion of removal proceedings.

(2) Adjustment of status under section 245(i) of the Act, 8 U.S.C. §§ 1255(i) (2000), is unavailable to an alien who is inadmissible under section 212(a)(9)(B)(i)(II) of the Act.

In 1996 Congress created a five-year bar to admissibility for a noncitizen ordered removed after proceedings initiated on the individual’s arrival (the equivalent of exclusion proceedings under pre-1996 law). The bar is twenty years for a second or subsequent removal, and permanent for noncitizens convicted of any aggravated felony.

The statute also creates a separate ten-year bar to admissibility for noncitizens otherwise ordered removed or who have departed the United States while an order of removal is outstanding. This bar also is twenty years for a second or subsequent removal, and permanent for a person convicted of an aggravated felony.

These bars can be waived if the immigration agency grants a reapplication for admission. This exception is meant to operate in the same manner as the waiver of pre-1996 law’s five-year bar for deported noncitizens.

Noncitizens Unlawfully Present in the United States

The 1996 law also creates bars to admissibility for noncitizens who are “unlawfully present” in the United States. A noncitizen unlawfully present for more than 180 days but less than one year, and who left the United States voluntarily before proceedings began, is ineligible for admission or reentry for three years from date of departure. A noncitizen unlawfully present for one year or more, and who leaves or is removed from the United States, is inadmissible for ten years from the date of departure. These two provisions are known colloquially as the “three/ten-year bar.”

The 1996 law also imposes a permanent bar to admission for noncitizens who were unlawfully present for an aggregate of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted.

The counting of time unlawfully present began to run only after this section’s effective date, which was April 1, 1997.

Definition of Unlawful Presence

There has been some uncertainty about the definition of the phrase “unlawful presence.” The statute states that “an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.” The State Department regulations rely solely upon this definition, choosing to defer to the immigration agency, and the former and current immigration agencies have not published regulations defining the term. They have, however, released multiple memoranda addressing unlawful presence. In May 2009, the U.S. Citizenship and Immigration Services (USCIS) published a memorandum that consolidated and rescinded the previous memoranda and revised the USCIS Adjudicator’s Field Manual (AFM).

The AFM states that a noncitizen is unlawfully present if the noncitizen is “present after the expiration of the period of stay authorized by the Secretary of Homeland Security [or] present without being admitted or paroled.”

A noncitizen’s period of authorized stay is generally noted on the noncitizen’s I-94 record. Nevertheless, the USCIS has determined that “other statuses–including some that are not actually lawful,” are periods of authorized stay.

Unlawful presence can begin before the expiration date noted on the I-94 if: (1) an immigration judge makes a determination of a status violation in exclusion, deportation, or removal proceedings or (2) the immigration agency makes such a determination while adjudicating an immigration application. Both of these conditions can put some noncitizens in the difficult position of risking the unlawful presence penalties by asserting their rights under the law. For example, unlawful presence may apply to individuals in removal proceedings. If an immigration judge grants relief (such as cancellation of removal), the period of unlawful presence stops on that date, but starts again if the immigration agency prevails on appeal. The result of these policies is that a noncitizen faced with a removal or deportation order must risk accruing days of unlawful presence to fight removal proceedings. If the individual is unsuccessful, the unlawful-presence penalties apply. Advocates may consider filing a due-process challenge for clients caught in this situation.

For a noncitizen who is in duration of status (D/S), meaning having no fixed end date on the I-94 card, unlawful presence does not begin to accrue when removal proceedings begin or on the date the violation of status occurs. Rather it begins the day after the immigration agency finds a status violation while adjudicating a request for an immigration benefit or the day after an immigration judge finds the individual removable. A noncitizen who falls out of status and applies for reinstatement of status on Form I-539 (most commonly people in F or J nonimmigrant status) risks the unlawful presence bars by making the application. If the immigration agency denies reinstatement, unlawful presence begins as of the date of denial. The same dilemma is faced by conditional permanent residents under Immigration and Nationality Act (INA) §§ 216 and 216A seeking to file a late application to remove the condition. Unlawful presence under INA § 212(a)(9)(B) begins to accrue when conditional status expires or is terminated. Convincing the immigration agency to accept a late filing may be the only way to avoid unlawful presence, but if the effort ultimately fails, the individual may be subject to the three or ten-year bar.

For an individual who was admitted or paroled, the statute tolls the period of unlawful presence for up to 120 days, pending a timely “nonfrivolous” application for change or extension of status, providing the applicant was not employed without authorization. The 120-day period begins upon the expiration of the individual’s I-94, not upon the filing of the application. Previously, delays in adjudication could force a noncitizen to accrue unlawful presence, but the immigration agency has decided to designate the entire period of pendency of a change- or extension-of-status application as an authorized period of stay. Note also that, by statute, the tolling provision suspends the unlawful presence clock for purposes of only the three-year bar, not the ten-year bar. USCIS policy, however, is to toll the three-year bar, the ten-year bar, and the permanent bar.

A timely application for change or extension of status continues the noncitizen’s period of authorized stay in the United States, allowing him or her to avoid accruing unlawful presence, but does not extend the individual’s period of authorized status. A noncitizen who files a timely application for change or extension of status that is ultimately denied can begin to accrue unlawful presence beyond the date of the denial, even if additional but untimely applications to extend or change status are still pending.

The State Department has published detailed guidance on the interpretation of unlawful presence, which the State Department notes can be “quite complicated.” It sets forth three categories of noncitizens who can be considered unlawfully present: (1) individuals who enter without inspection; (2) persons who overstay their visas; and (3) those who are determined by the immigration agency or an immigration judge to have violated the terms of their stay. The cable points out that “periods of unlawful presence [with regard to INA § 212(a)(9)(B)] are not counted in the aggregate.” Two periods of unlawful presence of four months each would not trigger these inadmissibility provisions.

The cable also states that the three-year bar “does not apply to aliens who depart after removal proceedings have commenced.” Because the ten-year bar does not apply to any noncitizen present less than one year, the unlawful-presence provisions do not apply to a noncitizen who is unlawfully present for between 180 and 365 days and who departs after the commencement of removal pro-ceedings. The USCIS has confirmed this interpretation, as has a federal court. Therefore, it may be advisable for a noncitizen who has been unlawfully present for more than 180 days but less than 365 to wait until the last possible moment (before accruing one year of unlawful presence) for the immigration agency to initiate removal proceedings. If the noncitizen departs voluntarily, the three-year bar applies. Once the removal proceedings commence, the three-year bar no longer applies. However, the State Department notes that such a noncitizen may be subject to other inadmissibility provisions, such as for failing to attend an immigration hearing.

The State Department cable notes that removal proceedings start with the filing of Form I-862, “notice to appear,” with the immigration court. In addition, if the post at which a noncitizen is applying for admission finds that the per-son departed the United States voluntarily after a period of unlawful presence between 180 days and one year in length, the burden is on the applicant to prove that removal proceedings had already begun at the time of departure. This could be accomplished by presenting the post with the Form I-862, although such an action could trigger other inadmissibility provisions.

There is another interesting issue regarding the actual triggering of the unlawful presence provision. As the statute notes, both the three- and the ten-year bars apply only to noncitizens who actually depart the United States. It would stand to reason, therefore, that a noncitizen who is unlawfully present for a given time might avoid the bar altogether by applying for and receiving a visa without departing. However, the State Department cautions against that action, noting that methods of obtaining a visa without departure, such as a waiver of the personal appearance requirement for persons resident in the consular district but present in the United States, “would not be appropriate in cases where the alien appears to be ineligible under [the three- or ten-year bar provisions].”

The State Department advises that a Canadian who enters the United States following inspection by an immigration officer but who receives neither a visa nor an I-94 is treated as a duration-of-status case. Therefore, such a noncitizen may begin to accrue unlawful presence only when an immigration judge or the immigration agency makes a finding of violation of status.

According to the State Department, the date that the Form I-94 card (or any extension) expires is considered authorized and is not counted. In addition, the date of departure from the United States is not counted for unlawful presence. According to the State Department, in cases where the immigration agency or an immigration judge makes a formal status violation finding, the date of the finding counts for unlawful presence. The immigration agency has determined that “unlawful presence” begins to accrue on the earlier of two dates: the day after an immigration judge’s order or the day after the Form I-94 expires.

There has been some confusion concerning the difference between “unlawful presence” and another condition known commonly as being a “visa overstayer.” Under INA § 222(g) a nonimmigrant visa is void as soon as the holder remains in the United States beyond the time specified by the immigration agency. The State Department has issued a cable explaining the distinction between this pro-vision and the “unlawful presence” provisions of INA § 212(a)(9)(B). Section 222(g) does not confer substantive ineligibility, but rather voids the visa on which the overstayer arrived. The § 222(g) overstayer may immediately apply for a new visa. Further, § 222(g) applies to any overstay, no matter how short, whereas INA § 212(a)(9)(B) applies only to those who overstay for at least 180 days. INA § 222(g) is also retroactive, applying to overstays that occurred both before and after April 1, 1997, while § 212(a)(9)(b) is not. Finally, the exceptions that apply to § 212(a)(9)(B) violations, such as exemptions for minors, asylum applicants, and change- or extension-of-status applicants, do not apply to § 222(g). However, despite these differences, the immigration agency and the State Department have agreed that the substantive definition of an authorized period of stay, as it relates to the two provisions, is the same. The AFM states that a noncitizen who has timely filed a nonfrivolous application to extend or change status and then leaves the United States after her I-94 card expires is not subject to the three-year, ten-year, or permanent bar.

There has also been some confusion concerning the difference between “unlawful presence” and “unlawful status.” The AFM states that the two are not the same. To be in “unlawful presence” a noncitizen must be present in the United States and in “unlawful status.” However, a noncitizen who is in “unlawful status” is not necessarily in “unlawful presence.”

Exceptions

Exceptions exist to both the three-and the ten-year bars for minors, legal permanent residents (LPRs), and asylees. No time in which a noncitizen is under eighteen is taken into account in determining unlawful presence. Similarly, individuals who have filed bona fide asylum applications do not have to worry about being unlawfully present in the United States while their applications are pending, unless they work without authorization. For this purpose, “bona fide asylum application” means “a properly filed asylum application that has a reasonably arguable basis in fact or law, and is not frivolous.” Withdrawal, denial, or abandonment of the application does not necessarily mean that it was not bona fide.

Beneficiaries of family unity protection under § 301 of the Immigration Act of 1990 and battered spouses and children who meet the requirements of INA § 212(a)(6)(A)(ii) are also not unlawfully present.

In addition to these statutory exceptions, the immigration agency has stated that it considers the following categories of noncitizens to be lawfully present:

  • Refugees under INA § 207;
  • Asylees under INA § 208;
  • Noncitizens granted withholding of deportation/removal under INA § 243(h) (for noncitizens placed in proceedings before April 1, 1997), or under INA § 241(b)(3) (for noncitizens placed in proceedings on or after April 1, 1997);
  • Noncitizens granted withholding or deferral of removal under the Convention Against Torture;
  • Noncitizens granted suspension of deportation;
  • Noncitizens granted cancellation of removal pending adjustment;
  • Noncitizens under a current grant of deferred enforced departure;
  • Noncitizens under a current grant of temporary protected status;
  • Noncitizens under a current grant of deferred action;
  • Legalization and special agricultural worker applications for lawful temporary residence that are pending through an administrative appeal;
  • Cuban-Haitian entrants under INA § 202(b); and
  • Noncitizens with properly filed applications under INA § 245 for adjustment of status. Lawful presence continues if the adjustment application is denied and renewed in proceedings before an immigration judge, through review by the Board of Immigration Appeals (BIA).

The State Department has issued guidance concerning unlawful presence for adjustment applicants. For this purpose, a “properly filed” adjustment application must meet general filing requirements set forth at 8 C.F.R. § 103.2. While individuals with pending adjustment applications are not considered unlawfully present, noncitizens who apply for adjustment only after receiving a notice to appear for removal proceedings are not considered in a period of authorized stay and could accrue unlawful presence “depending on their particular circumstances.” The cable also notes that the period during which an application for adjustment of status is pending cannot be considered one of unlawful presence just because the application is abandoned or withdrawn.

Immediate relatives under INA § 201(b) who entered the United States lawfully, and special immigrants listed in INA §§ 101(a)(27)(H), (I), (J), or (K), also do not need to maintain continuous lawful status to be eligible for adjustment of status. Unlawful presence is triggered for these immigrants only if they depart while their applications are pending.

J-1 exchange visitors subject to the two-year home-residence requirement of INA § 212(e) and whose I-94 cards are marked “D/S” (duration of status) do not have to worry about accruing unlawful presence while seeking a waiver of that requirement.

A voluntary departure period is considered one of authorized stay, regardless of whether granted by the immigration agency before the commencement of proceedings, by an immigration judge at the end of proceedings, or by the BIA after an appeal. If the immigration judge grants voluntary departure with an alternate order of removal, and the person fails to depart by the date specified, unlawful presence accrues only as of the date voluntary departure expires and the order of removal takes effect. A State Department cable cautions that the immigration agency considers a voluntary-departure period one of authorized stay only for purposes of INA § 212(a)(9)(B).

Finally, the penalties for unlawful presence do not apply to Cubans and Nicaraguans (and their eligible spouses or children) who apply for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act.

The USCIS maintains that noncitizens who are subject to the unlawful-presence provisions are ineligible to benefit from INA § 245(i). This ineligibility extends to both INA § 212(a)(9)(B) and (C).

Waivers

Immigrants

The 3/10 year bars can be waived for the spouse, son, or daughter of a U.S. citizen or lawful permanent resident if extreme hardship would result to the qualifying relative (i.e., the U.S. citizen or LPR spouse or parent). The statute does not define extreme hardship for the purpose of this waiver, but the definition used in other contexts provides some guidance. The waiver decision is not subject to judicial review.

The USCIS Administrative Appeals Office (AAO) has decided many appeals requesting a waiver of the 3/10 year bar. In many decisions the AAO relies on the BIA’s discussion of extreme hardship as it relates to INA § 212(i). The BIA has held that the factors to consider when determining extreme hardship in that context include: (1) the presence of an LPR or U.S. citizen spouse or parent in this country; (2) the qualifying relative’s family ties outside the United States; (3) the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties in such countries; (4) the financial impact of departure from this country; and (5) significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate. U.S. consular posts generally follow these factors.

To apply for a waiver, the noncitizen must file Form I-601 (Application for Waiver of Grounds of Excludability). The immigration agency has stated that the waiver cannot be filed while the person is still in the United States, since unlawful presence is triggered only by departing the country.

In addition to waivers under INA § 212(a)(9)(B)(v), certain noncitizens may be eligible for a broader exercise of discretion. For example, INA § 209(c) (asylee adjustment) and § 245A(d)(2)(B)(i) (second-stage legalization adjustment) authorize waiver of inadmissibility “for humanitarian reasons, to assure family unity, or when it is otherwise in the public interest.”

Nonimmigrants

Nonimmigrants can apply for a waiver of inadmissibility under INA § 212(d)(3)(A).

Noncitizens Unlawfully Present After Previous Immigration Violations

The 1996 law also imposes a permanent bar to admission for noncitizens who were unlawfully present for an aggregate of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted. If the government gives prior consent to the noncitizen’s reapplication for admission, the individual can be admitted after ten years. However, a noncitizen who reenters the United States without admission, after a previous removal, is inadmissible even if the noncitizen received permission to reapply for admission before the unlawful reentry.

Unlawful presence is measured “in the aggregate” for noncitizens unlawfully present after previous immigration violations (INA § 212(a)(9)(C)), but not for the general class of noncitizens unlawfully present (INA § 212(a)(9)(B)).

This provision took effect April 1, 1997. Time “unlawfully present” can be counted only from that date.

A 2000 law grants the immigration agency discretion to waive this permanent bar for battered spouses and children who have self-petitioned for immigrant visas if there is a “connection” between the domestic violence and their removal, departure, reentry or attempted reentry.

Permission to Reapply for Admission

The current regulation requires permission to reapply unless the removed person presents satisfactory “proof that he or she has remained outside of the United States” for the statutorily required period. An illegal or unsanctioned entry breaks the required continuity of absence. However, continuity would not be interrupted by a temporary stay in the United States pursuant to a waiver of inadmissibility.

Note that while noncitizens who have been previously removed (INA § 212(a)(9)(A)) or who are unlawfully present after previous immigration violations (INA § 212(a)(9)(C)) may seek permission to reapply, this remedy is not available to noncitizens unlawfully present under INA § 212(a)(9)(B).

Although the statute states that an application must be made and approved before reembarkation or before application for admission from foreign contiguous territory, administrative practice for many years has sanctioned the retrospective (nunc pro tunc) grant of permission to reapply in exceptional cases to correct a past illegal entry. A nunc pro tunc waiver is discretionary, and relief has been found properly denied if prior false entries and false statements exist.

In appropriate cases the immigration judge or the BIA may also grant permission to reapply in the context of a removal proceeding. But relief is limited to situations where the grant would completely dispose of the case before them, e.g., by a nunc pro tunc waiver to correct a prior improper entry and expunge deportability, or when necessary to approve adjustment of status.

The IJ and the Board have no authority to grant advance permission to reapply to a noncitizen who is ineligible for adjustment of status and will need permission to apply for a visa after leaving the United States. A noncitizen deported for delinquency in the United States (e.g., violation of registration regulations) who is granted permission to reapply and reenters lawfully cannot there-after be deported again for the same acts that were the basis of the individual’s previous deportation. The immigration agency will not grant permission to reapply conditionally, e.g., for a particular entry or for entry in a specified nonimmigrant status.

Permission to reapply on this ground is not needed when a final order has not been entered because the noncitizen either (1) departed voluntarily at his or her own expense before proceedings began or (2) left the United States on a grant of voluntary departure.

A noncitizen who left the United States after an order of deportation or removal was entered is deemed to have been deported or removed. Moreover, a non-citizen ordinarily cannot bypass the need for permission by contending that the previous deportation order was invalid, or that it rested on an interpretation of the law that has since been overruled or superseded, and that the deportation consequently was not “pursuant to law.” However, in exceptional cases it may be possible to challenge the prior deportation or removal on a showing that “(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the order was fundamentally unfair.”

The grant of permission to reapply removes inadmissibility resulting from prior deportation or removal for all subsequent entries. Hence, adjudicators are reminded to apply the same standards, discussed immediately below, whether the applicant seeks permission in connection with admission as a nonimmigrant or for permanent residence.

Exercise of Discretion

Permission to reapply is a discretionary remedy subject to review on the very high standard of arbitrariness. The immigration agency evaluates cases on a balancing test and must review all of the factors presented by the parties. Consent to reapply is generally granted if the noncitizen seems otherwise admissible, if entry is sought for a legitimate reason, and if no fraud was involved in the individual’s previous dealings with the government. Positive factors favorable to the applicant can overcome several adverse factors.

The factors considered in granting permission to reapply include: the basis for deportation; the recency of deportation; the length of residence in the United States; the applicant’s moral character; the applicant’s respect for law and order; evidence of reformation and rehabilitation; the applicant’s family responsibilities; any admissibility under other sections of law; hardship to the applicant and others; and the need for the applicant’s services in the United States.

In a key case from 1978, the immigration agency noted that the statute was in-tended to be remedial rather than punitive, stating that “a record of immigration violations alone will not conclusively support a finding of a lack of good moral character.” Further, the agency found it significant that a labor certification and immigrant visa petition had been approved for the noncitizen, and stated that “where the applicant will provide services to the public in a job category where sufficient workers in the United States are not available, this is a favorable factor.”

However, immigration decisions following the 1981 amendment to former INA § 212(a)(17) (that eliminated the perpetual bar and substituted a waiting period) are more restrictive than the pre-1981 decisions. Such post-1981 decisions often result in denials of applications for permission to reapply to noncitizens who are spouses, parents, or children of U.S. citizens or permanent residents or who are beneficiaries of approved labor certifications.

Several nonprecedent decisions by the former INS help illustrate the balancing approach to granting this discretionary relief. In general, these decisions indicate that while repeated immigration violations are an important factor, they may be outweighed by close family ties in the United States, coupled with a showing that the noncitizen’s continued debarment from the United States would cause hardship to his or her U.S.-citizen family members. On the other hand, significant and repeated immigration violations may warrant denial of per-mission to reapply if there is no adequate showing of hardship to a U.S. family, and if there is inadequate evidence of reformation. Relief also will be denied when the individual is irremediably inadmissible to the United States.

A 1987 INS Administrative Appeals Unit (AAU) decision shows these factors at work. In that case, the noncitizen had remained in the United States illegally for twelve years, had failed to depart when granted the privilege of voluntary departure, was formally deported, and then reentered the country almost immediately without permission. His claim to hardship was based on family ties in the United States: He had a U.S. citizen wife and three U.S. citizen children from a previous marriage. However, the AAU found that the children were in the custody of the applicant’s first wife, the noncitizen was not prevented from paying child support from outside the United States, and the noncitizen’s current wife could either support herself or leave the United States with her husband. The AAU held that the noncitizen’s favorable equities failed to overcome his “callous disregard” for the U.S. immigration laws.

Procedures in Seeking Permission to Reapply

The application for permission to reapply is submitted on Form I-212, accompanied by the prescribed fee.

Immigrant Visa applicants not in the United States should file Form I-212 with the immigration district office having jurisdiction over the place where the deportation or removal proceedings were held. If the applicant files Form I-212 with Form I-601 (waiver of inadmissibility), both applications must be filed with the U.S. consular post having jurisdiction over the noncitizen’s foreign place of residence. The consular post then forwards the applications to the Department of Homeland Security (DHS) office abroad having jurisdiction over the area where the consular post is located.

Nonimmigrant visa or border crossing card applicants can request permission from a consular officer by submitting an application for waiver of inadmissibility or by filing Form I-212, to be forwarded to the appropriate immigration officer with the consul’s recommendation. A beneficiary of an approved K nonimmigrant visa (as a fiancee or fiance of a U.S. citizen) should submit Form I-212 to the consul, to be forwarded to the immigration officer having jurisdiction over the area where the consul is located. If the noncitizen is also inadmissible on grounds that may be waived upon marriage to the U.S. citizen petitioner, the consul also forwards his or her recommendation as to whether a waiver of inadmissibility should be granted.

Adjustment of status applicants should file Form I-212 with their adjustment applications. If a removal proceeding is then pending, the district director refers the Form I-212 to the immigration judge for adjudication.

Applicants for admission at a port of entry can seek permission to reapply by filing Form I-192 (temporary entry) or Form I-212 (permanent entry or if the district director authorizes the applicant for temporary entry to file Form I-212).

All other applicants should file Form I-212 with the district director where the deportation or removal proceedings were held, or where the most recent application was or is being considered. If the applicant is in the United States but is ineligible to apply for adjustment of status, the application is filed with the district director having jurisdiction over the noncitizen’s residence. Approval of Form I-212 for an applicant for entry or adjustment of status is deemed retroactive to the date of the noncitizen’s embarkation (or application for entry from foreign contiguous territory).

Approval of an application by a noncitizen whose departure will execute an order of removal is conditioned on his or her departure. However, such approval does not waive inadmissibility based on a subsequent order of exclusion, deportation, or removal.

The district director can grant permission to reapply contemporaneously with or in advance of the applicant’s departure from the United States. The applicant is notified of the district director’s decision and, if the application is denied, of the reasons for the decision and of his or her right of appeal. An applicant may appeal an adverse decision within thirty days after the mailing of notification.

In addition, an immigration judge and the Board of Immigration Appeals also may consider allowing such relief to dispose of proceedings pending before them. Refusal of the district director to grant permission to reapply does not preclude renewing such an application (except insofar as it seeks advance permission to reapply) before the immigration judge.

Exception for Certain NACARA Beneficiaries

The Nicaraguan Adjustment and Central American Relief Act (NACARA), enacted in 1997, exempts from inadmissibility unlawfully present noncitizens who have been previously removed if they are certain NACARA adjustment-of-status applicants. In addition, a 2000 law allows the immigration agency to waive the unlawful-presence ground of inadmissibility relating to reentry after a previous order of deportation or removal for NACARA-adjustment applicants. In considering such waivers, the immigration agency is to use the standards it applies in deciding applications for permission to reapply.

Exception for Certain Haitians

The Haitian Refugee Immigration Fairness Act (HRIFA), enacted in 1998, exempts from inadmissibility unlawfully present noncitizens who are applying for adjustment under HRIFA. In addition, a 2000 law allows the immigration agency to waive the unlawful presence ground of inadmissibility relating to reentry after a previous order of deportation or removal for HRIFA adjustment applicants. In considering such waivers, the immigration agency is to use the standards it applies in deciding applications for permission to reapply.

Waiver for Certain Late Legalization Applicants

A 2000 law allows the immigration agency to waive the unlawful presence ground of inadmissibility relating to reentry after a previous order of deportation or removal for certain late legalization applicants. In considering such waivers, the immigration agency is to use the standards it applies in deciding applications for permission to reapply.

Exception for V Nonimmigrants

A 2000 law created a V nonimmigrant visa category for certain spouses and children of permanent residents who are waiting for the availability of an immigrant visa. In determining eligibility for V status, the unlawful presence ground of inadmissibility specified in INA § 212(a)(9)(B) does not apply. However, unlawful presence may come back to haunt such individuals if they later apply for immigrant status.

Form I-212: Application for Permission to Reapply for Admission into the United States after Deportation or Removal

Individuals previously removed from the U.S. are inadmissible and may not be re-admitted to the U.S. for a specified period of time UNLESS they apply for, and are granted, permission to reapply for admission. Permission to Reapply for Admission is applied for by submitting Form I-212 together with the appropriate supporting documentation and filing fee. Permission to Reapply for Admission is granted in the form of what is commonly referred to as an I-212 waiver.

Individuals who may benefit from this waiver include:

  • Aliens previously removed subject to an order of removal entered by an Immigration Judge;
  • Aliens who fail to timely depart under an order of voluntary departure issued by an Immigration Judge, whose voluntary departure is converted to an order of removal; and
  • Aliens who have been subject to an order of expedited removal issued by CBP

Note that if a non-citizen timely left the U.S. pursuant to an order of voluntary departure, s/he does NOT need to apply for permission to reapply for admission.

Individuals may apply for an I-212 waiver in conjunction with an immigrant or nonimmigrant visa application. Canadians, and other visa exempt individuals, may also apply for an I-212 waiver.

In many instances, an alien seeking permission to reapply for admission will also need to file an additional waiver application based on a specific ground of inadmissibility. For example, an individual who has been ordered removed from the United States after an Immigration Judge has made a finding of fraud under INA § 212(a)(6)(C)(i), which imposes a lifetime bar to entering the U.S., will require an I-212 waiver application AND either an I-601 waiver application (if the individual is applying for an immigrant visa) or an I-192 waiver application (if the individual is applying for a nonimmigrant visa). The I-212 application, if granted, would waive the prior removal. The I-601 or I-192 application, if granted, would waive the fraud grounds of inadmissibility.

However, a grant of an application to reapply for admission waives inadmissibility resulting from prior removal. An alien who receives an I-212 waiver (permission to reapply) and re-enters legally cannot thereafter be deported/removed again for the same acts that were the basis of the individual’s previous deportation/removal.

Specific time periods barring re-admission:

5 YEARS

• Aliens ordered removed in an expedited removal proceeding

• Aliens removed through removal proceedings initiated upon the alien’s arrival in the U.S.

10 YEARS

• Aliens otherwise ordered removed after a removal hearing before an Immigration Judge

• Aliens who departed the U.S. while an order of removal was outstanding

20 YEARS

• Aliens ordered removed more than once

NOTE: Aliens who have been convicted of an aggravated felony will require an I-212 waiver for life.

Requirements for an I-212 waiver:

There are no prerequisites such as a qualifying family member. No specific statutory standards to be met. Applications are considered on a case-by-case basis, and ALL relevant factors are considered.

Case law has set forth a list of “all pertinent circumstances relating to the applicant” that should be considered in determining whether an I-212 should be granted. These include, but are not limited to:

(1) The basis for deportation

(2) Recency of deportation

(3) Length of residence in the U.S.

(4) Moral character of the applicant

(5) His respect for law and order

(6) Evidence of reformation and rehabilitation

(7) Family responsibilities of applicant

(8) Inadmissibility to the U.S. under other sections of law

(9) Hardship involved to himself and others

(10) The need for his services in the U.S.

Matter of Tin, 14 I. & N. Dec. 371, 373-74 (RC 1974)

Congressional intent behind I-212 waivers was to give a previously deported alien a second chance. An I-212 waiver is a form of remedial relief rather than a punitive provision or statute. Matter of Lee, 17 I. & N. Dec. 275, 277 (Comm. 1978)

When considering length of time in the U.S., the Commissioner stated (in Lee) that he could only consider residence as a positive factor when the residence is legal, which means that residence is pursuant to a legal admission or adjustment of status as a permanent resident. Id. at 278.

Application Procedure:

Immigrant visa applicants who also require Form I-601 file Forms I-212 and I-601 concurrently with the U.S. Department of State at the immigrant visa interview at the U.S. Consulate with jurisdiction over the applicant’s place of residence. The consular officer must then forward the waiver application forms to the appropriate USCIS officer with jurisdiction over the area within which the consul is located.

Immigrant visa applicants who do not require Form I-601 file Form I-212 with the USCIS field office having jurisdiction over the place where removal proceedings were held. 8 CFR § 212 .2(d). The same field office retains jurisdiction to adjudicate the Form I-212 waiver application.

Nonimmigrants should submit Form I-212 to the U.S Consulate with jurisdiction over the alien’s place of residence. The consular officer must forward recommendation for consent to reapply for admission and visa issuance to the CBP Admissibility Review Office (“ARO”) for a decision.

Visa-exempt applicants/Canadians file Form I-212 with CBP at a U.S. Port of Entry (“POE”) or other designated preclearance office, who will then forward the application to the ARO for adjudication.

Applicants for Adjustment of Status file Form I-212 with the USCIS office having jurisdiction over the adjustment application, which is the same office to adjudicate the application.

Applicants who do not fall into one of the aforementioned categories, or who fall into a special category (such as a K-visa applicant or an applicant under VAWA), should refer to the Instructions for Form I-212 (including filing chart) which can be found at the USCIS website.

There are many reasons why a person may be ineligible to enter the United States. The legal descriptions are lengthy and complex therefore a list of the most common reasons is provided below. This information should not be interpreted to be a comprehensive list of reasons you may be denied entry into the United States. In general, you might be denied entry:

  • If you have a communicable disease,
  • Determined to be a drug abuser or addict,
  • If you have a criminal record of multiple convictions,
  • If you have a criminal record for crimes of moral turpitude,
  • Possession of or trafficking in a controlled substance,
  • If you have trafficked in persons,
  • If you have been involved in money laundering,
  • If you have been previously removed (deported) or have overstayed a previous period of admission to the United States

Please note that as stated above, a conviction of a crime involving moral turpitude (CIMT) may render an individual inadmissible to the United States. A determination of whether a specific crime constitutes a CIMT can be complex. It may require review of not only the facts of conviction and the statutory definition of the criminal offense but elements of the offense.

The most common types of CIMTs that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud.

Depending on the reason for your inadmissibility into the United States, and if you are a class of nonimmigrant where a visa is not required, e.g., most citizens of Canada, you may be eligible to apply in advance of your travel directly to U.S. Customs and Border Protection (CBP) for a temporary waiver of inadmissibility. The waiver application process can be lengthy (up to a year) and there is a cost of $585.00 US dollars per application regardless of the decision.

The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A) of the Immigration and Nationality Act (INA)], is on the U.S. Citizenship and Immigration Services’ web site. The Form I-192 and instructions can be downloaded at the U.S. Citizenship and Immigration Services Immigration Forms website. (Form I-192) This form should be filed with CBP if you are an inadmissible visa-exempt nonimmigrant. (Please refer to Section 212(d)(3)(A)(ii) of the INA and Title 8 Code of Federal Regulation 212.4(b) for pertinent statute and regulation). Only forms with the expiration date of 11/30/2009 or later in the upper right hand corner are acceptable. After February 20, 2009, older versions of the form cannot be used.

If you are an applicant for T nonimmigrant status or an applicant for U nonimmigrant status and you are inadmissible, you should file your Form I-192 with U.S. Citizenship and Immigration Services.

Landed Immigrants and certain Canadians who require a visa (e.g. for E, K, or V status applicants) to enter the United States, but are ineligible for one of the reasons previously mentioned should contact a local United States Consulate to discuss their situation. Likewise, citizens of other countries may discuss waivers of ineligibility with a consular officer if they are likely to be denied entry for one of the previously mentioned reasons. Consular officers may recommend a waiver for certain ineligible visa applicants.

The Form I-192 application package must include the following:

  • Evidence of your Citizenship.
  • Completed Form I-192 signed and submitted by you (no copies).
  • A properly executed Form G-28 must be included with the application if you have retained an authorized person to represent you on this specific application. ( Form G-28 )
  • U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.
  • A Form G-325A completed and signed by you. Please ensure that all copies of this form are legible. ( Form G-325A )
  • If you have a criminal record in any other country’s court system, you must also obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.

Canadians: To obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-192. For instructions, addresses and payment information, please visit the RCMP website. (RCMP)

Do not submit the Form I-192 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.

A copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world.

If you are inadmissible to the United States because of a criminal conviction, you should submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction, and sentence or fine imposed. In addition, you should submit any evidence or explanation of your reformation of character or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service etc. or any other information you wish to be considered and you believe strengthens your request.

If you are inadmissible for one of the Health Related grounds identified in the INA, e.g., drug user or addict, you will need to provide evidence of treatment/rehabilitation. Such evidence shall include, but may not be limited to, the following: A recent drug test; credible, verifiable evidence related to rehabilitative history; statement from the applicant making clear his/her commitment to refrain from using controlled substances in the United States, credible, verifiable evidence outlining subject’s program for substitution therapy/treatment and/or continued care relative to his/her drug use/addiction if allowed to enter the United States.

If you have been found inadmissible under section 212(a)(9)(B) of the INA (unlawfully present in the United States) please submit detailed information regarding:

  • Current foreign employment.
  • Previous U.S. employment.
  • Family members presently living in the United States.
  • Past and current United States and/or foreign business investments.
  • Any and all ties you have to your present foreign country/residence.

In Summary: The Form I-192 and accompanying documents are filed in advance of travel. The Immigration and Nationality Act and federal regulation establish access and use of the Form I-192, e.g., the class of aliens where a nonimmigrant visa is not required. Most citizens of Canada may use this form and submit their application at a major Port of Entry at the U.S. Border or a CBP Preclearance office in Canada.

  • Form I-212: Application for Permission to Reapply for Admission into the United States After Deportation or Removal
  • ( Form I-212 )
  • ( Instructions for Form I-212 )

Effective November 23, 2010, CBP will only accept the revised Form I-212 which has the 11/23/10 revision date. Furthermore, the applicant will be required to pay the new fee of $585.00 US Dollars if an application is filed on or after November 23, 2010.

This application or form is for a particular inadmissible immigrant and nonimmigrant population that is seeking permission to reapply for admission into the United States (also known as “consent to reapply”) after they have been excluded, deported, or removed from the United States or had been unlawfully present in the United States for an aggregate period of more than 1 year, and subsequently entered or attempted to reenter the United States without being admitted.

There are three pertinent sections in the Immigration and Nationality Act (INA) that address the above referenced nonimmigrant and his/her need to obtain consent to reapply in advance of applying for admission into the United States. The three noted sections are §212(a)(9)(A) ( INA §212 ) , §212(a)(9)(C) ( INA §212 ) and §276. ( INA §276 ) If any of the noted sections apply to you and you are not required to obtain a visa to enter the United States as a non-immigrant, you may file Form I-212 at a U.S. Customs and Border Protection (CBP)-designated port of entry or a CBP-designated preclearance office. The Form I-212 and accompanying documents must be filed in advance of travel.

Nonimmigrant visitors who require consent to reapply and need a visa to enter the United States as a nonimmigrant should contact the nearest United States Embassy or Consulate.

Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands may contact the nearest consulate of the U.S. Department of State to receive instructions on where and how to submit this form.

If you require consent to reapply and are inadmissible to the United States because of additional reasons (for example, having; a communicable disease, criminal record for crimes involving moral turpitude, or a violation of any controlled substance law), you may also have to file a Form I-192 in conjunction with a Form I-212. Both Forms I-212 and I-192 may be downloaded at the U.S. Citizenship and Immigration Services Forms website. ( U.S. Citizenship and Immigration Services )

In addition to the required evidence stated on the revised Form I-212 Instructions, the following additional information/documentation should be submitted with the Form I-212

  • Evidence of Citizenship.
  • Any supporting documentation.
  • U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.
  • A Form G-325A completed and signed by the applicant. Please ensure that all copies of this form are legible.
  • A properly executed Form G-28 must be included with the application if the alien has retained an authorized representative.
  • Each application, regardless of the ground of inadmissibility, must be accompanied by a copy of an official police record or evidence that no record exists, from the applicant’s country of residence or nationality. This record is valid for 15 months.

Canadians: You can obtain verification of their criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting their fingerprints on Form C-216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with the Form I-212. For instructions, addresses and payment information, please visit the RCMP website. Do not submit the Form I-212 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.

This application or form is for the beneficiary of an approved Form I-192 or Form I-212 in need of a replacement copy of his or her original decision. It would be used when the original decision has been lost, stolen or mutilated. Under these circumstances a replacement for the decision may be requested from the U.S. Customs and Border Protection’s Admissibility Review Office (ARO). You may also obtain a replacement for a previously issued indefinite decision that was issued in conjunction with Form I-185, Nonresident Alien Canadian Border Crossing Card (BCC).

Please note: Form I-185 is no longer issued however, you may obtain a replacement for a previously issued indefinite waiver if the waiver authorization has not been revoked or voided.

A replacement for an approved decision that is still valid may be requested by submitting Form I-824, Application for Action on an Approved Application or Petition. You can obtain Form I-824 at the U.S. Citizenship and Immigration Services website: ( U.S. Citizenship and Immigration Services )

If your approval decision expires in less than 6 months, you may want to consider submitting a new Form I-192 application.

The completed Form I-824 application, with a fee of $405.00 US dollars and a short explanation of why a replacement is required, can be mailed to U.S. Customs and Border Protection, Admissibility Review Office, at the address below or submitted in person at a designated CBP land border or Canadian preclearance office.

Filing at a Land Border Port of Entry:
For Ports of Entry – you may file in person at a designated land border port of entry. When you bring in your application, you will be given a receipt for your application fee and the U.S. set of fingerprints will be taken. The following is a list of designated ports that accept the Form I-192 and Form I-824 in advance of travel.

Not all ports of entry are able to process applications for temporary waivers in advance of travel.

The following is a list of designated ports that accept the Form I-192, Form I-212 and Form I-824 in advance of travel.

Boston Field Office Port Address
Portland Port of Entry
312 Fore Street
Portland, ME 04101
Phone: (207) 771-3600
Fax: (207) 771-3608

Houlton Port of Entry
27 Customs Loop
Houlton, ME 04730
Phone: (207) 532-2131 x 0
Fax: (207) 532-4153

Fort Fairfield Port of Entry
4 Boundry 4 Line Road
Fort Fairfield, ME 04742
Phone: (207) 473-7474

Ft. Kent Port of Entry
401 West Main Street
Fort Kent, ME 04743
Phone: (207) 834-5255

Van Buren Port of Entry
137 Bridge Street, P.O. Box 146
Van Buren, ME 04785
Phone: (207) 868-3391

Madawaska Port of Entry
63 Bridge Avenue, Suite 101
Madawaska, ME 04756
Phone: (207) 728-4376 x 0

Calais Port of Entry
3 Customs Street
Calais, ME 04619
Phone: (207) 904-3001

Jackman Port of Entry
2614 Main Street
Sandy Bay Twp, ME 04945
Phone: (207) 668-3711

Highgate Springs Port of Entry
480 Welcome Center Road
Swanton, VT 05488
Phone: (802) 868-2778

Richford Port of Entry
705 Province Street
Richford, VT 05476
Phone: (802) 848-7766

Derby Line Port of Entry
107 Interstate 91 South
Derby Line, VT 05830
Phone: (802) 873-3219

Norton Port of Entry
115 Rte. 147 N.
Norton, VT 05907
Phone: (802) 822-5222

Buffalo Field Office Port Address
Buffalo – Peace Bridge Port of Entry
Monday – Thursday
5:00 PM – 9:00 PM
(716) 888-4926

Champlain – Port of Entry
Monday – Thursday
For an appointment call (518) 298-8346

Lewiston / Queenston Bridge Port of Entry
Monday – Thursday
2:00 PM – 9:00 PM
(716) 282-1500 x353

Massena – Port of Entry
Monday – Thursday
9:00 AM – 3:00 PM
For an appointment call (315) 769-3091

Niagara Falls – Rainbow Bridge
Monday – Thursday
2:00 PM – 9:00 PM
Sunday (October- May only)
5:00 PM – 9:00 PM
(716) 284-5174 x324

Ogdensburg – Port of Entry
Monday – Thursday
9:00 AM – 3:00 PM
For an appointment call (315) 393-1390

Thousand Islands Bridge Port of Entry (Alexandria Bay)
Monday – Thursday
9:00 AM – 3:00 PM
For an appointment call (315) 482-2065

Seattle Field Office Port Address
Pacific Highway Port of Entry
9950 Pacific Highway
Blaine, WA 98230
Monday and Wednesday
9:00 AM – 3:00 PM
(360) 332-5771

Sumas Port of Entry
109 Cherry Street
Sumas, WA 98295
Tuesday and Friday
9:00 AM – 3:00 PM
(360) 988-4781

Lynden Port of Entry
9949 Guide Meridian Road
Lynden, WA 98264
Blaine, WA 98230
Thursday Only
9:00 AM – 3:00 PM
(360) 354-2183

Oroville Port of Entry
33643 Hwy 97 North
Oroville, WA 98844
Monday-Friday
9:00 AM – 3:00 PM
(509) 476-2955

Eastport Port of Entry
Highway 95 North
Eastport, ID 83826
Monday-Friday
9:00 AM – 3:00 PM
(208) 267-3966

Roosville Port of Entry
8395 Highway 93 North
Eureka, MT 59917
Monday-Friday
9:00 AM – 3:00 PM
(406) 889-3865

Sweetgrass Port of Entry
Interstate 15 North
Sweetgrass, MT 59484
Monday-Friday
9:00 AM – 3:00 PM
(406) 335-9610

Raymond Port of Entry
Highway 16 North
Raymond, MT 59256
Monday-Friday
9:00 AM – 3:00 PM
(406) 895-2664

Portal Port of Entry
301 W. Railway Ave
Portal, ND 58772
Monday-Friday
9:00 AM – 3:00 PM
(701) 926-4241

Pembina Port of Entry
112 W. Stutsman
Pembina, ND 58271
Monday-Friday
9:00 AM – 3:00 PM
(701) 825-6551

Dunseith Port of Entry
State Highway
Dunseith, ND 58239
Monday-Friday
9:00 AM – 3:00 PM
(701) 263-4460

International Falls Port of Entry
2nd Avenue
International Falls, MN 55649
Monday-Friday
9:00 AM – 3:00 PM
(218) 283-2541

Grand Portage Port of Entry
9403 Highway 61
Grand Portage, MN
Monday-Friday
9:00 AM – 3:00 PM
(218) 475-2244

Del Bonita Port of Entry
4071 Chalk Butte
41 miles north of Cut Bank on Hwy. 213
Cut Bank, MT 59427-9109
Monday-Friday
9:00 AM – 3:00 PM
(406) 336-2130

Morgan Port of Entry
53869 US Highway 191 N.
Loring, MT 59537-9600
Monday-Friday
9:00 AM – 3:00 PM
(406) 674-5248

Opheim Port of Entry
6071 State Highway 24 North
Opheim, MT 59250-0376
Monday-Friday
9:00 AM – 3:00 PM
(406) 724-3212

Piegan Port of Entry
10 miles North of Babb on Highway 89
Babb, MT 59411-0109
Monday-Friday
9:00 AM – 3:00 PM
(406) 732-5572

Scobey Port of Entry
HWY 13 North at Canadian Border
Scobey, MT 59263-2300
Monday-Friday
9:00 AM – 3:00 PM
(406) 783-5375

Turner Port of Entry
12 miles North of Turner on Highway 24
Loring, MT 59537-9600
Monday-Friday
9:00 AM – 3:00 PM
(406) 379-2651

Whitetail Port of Entry
Highway 511 North at Canadian Border
Whitetail, MT 59276-0038
Monday-Friday
9:00 AM – 3:00 PM
(406) 779-3531

Wild Horse Port of Entry
29966 Wild Horse Road, Highway 232
Havre, MT 59501-8058
Monday-Friday
9:00 AM – 3:00 PM
(406) 394-2371

Willow Creek Port of Entry
29942 St Joe Road
Havre, MT 59501-8072
Monday-Friday
9:00 AM – 3:00 PM
(208) 267-5309

Porthill Port of Entry
Highway 1 at Canadian Border
Loring, Porthill, ID 83853-0040
Monday-Friday
9:00 AM – 3:00 PM
(218) 475-2244

Baudette Port of Entry
PO Box 617, HWY 72 North
Baudette, MN 56623
Monday-Friday
9:00 AM – 3:00 PM
(218) 634-2803

Warroad Port of Entry
41781 State Highway 313
Warroad, MN
Monday-Friday
9:00 AM – 3:00 PM
(218) 386-2796

Peace Arch Port of Entry
100 Peace Portal Drive
Blaine, WA 98230
Monday-Friday
9:00 AM – 3:00 PM
(360) 332-2511

Danville Port of Entry
19130 Highway 21 N.
Danville, WA 99121
Monday-Friday
9:00 AM – 10:00 PM
(509) 779-4862

Laurier Port of Entry
27017 Highway 395 N.
Laurier, WA 99146
Monday-Friday
9:00 AM – 10:00 PM
(509) 684-0570

Frontier Port of Entry
4939 Highway 25 N.
Northport, WA 99157
Monday-Friday
9:00 AM – 3:00 PM
(509) 732-6215

Metaline Falls Port of Entry
26781 SR 31
Metaline Falls, WA 99153
Monday-Friday
9:00 AM – 10:00 PM
(509) 446-4421

Detroit Field Office Port Address
Detroit Canada Tunnel Port of Entry
150 E. Jefferson
Detroit, MI 48226
Monday and Wednesday
8:00 AM – 4:00 PM
(313) 393-3793 Option 0 (zero)

Blue Water Bridge Port of Entry
1410 Elmwood
Port Huron, MI 48060
Monday-Friday
9:00 AM – 4:00 PM
(810) 982-0133 Ext. 112

International Bridge Port of Entry
900 International Bridge Plaza
Sault Ste Marie, MI 49873
Monday-Friday
8:00 AM – 4:00 PM
(906) 632-8822

Filing at a Preclearance Office:
You may also file your application with a CBP Preclearance office in Canada. You must appear in person and the U.S. set of fingerprints will be taken at that time. There is no additional biometrics fee for fingerprinting. It is highly recommended that you contact the Preclearance office where you plan to submit your application. You will be able to verify hours of operation and ask questions.

Application Status Inquiries:
Please allow at least 130 days from the date of submission of your Form I-192, Form I-212 or Form I-824 before making an inquiry about the status of your application. A full review of your circumstances can take up to six months or longer. You may ask for an update by emailing inquiry.waiver.aro@dhs.gov. Attorneys or a properly designated representative may ask for an update by emailing attorneyinquiry.waiver.aro@dhs.gov. Be sure to provide your full name, DOB and your A Number.

Application Filing Fee – General Information: Bank drafts, cashier’s checks, certified checks, personal checks and money orders must be drawn on U.S. financial institutions and payable in U.S. funds. The fee should be made payable to U.S. Department of Homeland Security. (Updated application fee information can found at www.uscis.gov. or by contacting the preclearance office or port of entry where you are submitting your application. (U.S. Citizenship and Immigration Services)

This entry was posted in 10 and “Permanent” Bars, 212(d)(3) Non-immigrant Visa Waiver, 3 and 10 Year Bar, Form I-212 and Form I-824, Form I-824: Application for Action on an Approved Application or Petition, Noncitizens Previously Removed or Unlawfully Present, Permission to Reapply, Permission to Reapply for Admission, Unlawful Presence, Unlawfully Present in the United States, Waivers, Waivers of Inadmissibility and tagged . Bookmark the permalink.

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