Please refer to the list below for the documentation you must include in your I-212 Waiver application. If you have any questions about your application, it is best to consult an attorney at the Immigration Waiver Law Firm. Depending on the details of the situation, further documentation may be required.

Here are some examples; however, this list is not exhaustive:

1. Deportation/Removal Legal Proceedings

Include copies of all communication and documentation related to your removal or deportation proceedings and your departure from the United States (if applicable).

2. Close Family Members (Relatives)

For Part 3, items 3a and 3c, you must provide proof of your relationship to any family member of the US citizen. Also proof of the relative's US citizenship. For non-citizens, you must submit the following information:

1. The full name of your relative.;

2. Birth date;

3. Place of birth;

4. The place of entry or admission into the United States of America;

5. The current status of the individual's immigration visa;

6. Immigrant status at the time of admission; Y

7. The alien number (Alien Number), if any.

 

3. If section 212(a)(9)(c) of the INA. says you are inadmissible, you must provide evidence of:

1. Your removal from the United States of America;

2. The day you entered or attempted to re-enter the United States without being accepted or paroled;

3. The date of your most recent departure from the United States; Y

4. Proof that you haven't been back to America in ten years.

 

Also, submit proof of your departure and absence from the United States for at least ten consecutive years to the Department of Homeland Security. The following are examples of possible tests:

1. Passport entry and exit stamps from other countries;

2. The original or a copy of your airline ticket receipt;

3. Registration of residence abroad;

4. The bills of the public services of the domicile abroad that are in your name only;

5. Documentation of your work experience abroad; Y

6. Any other evidence that, in your opinion, demonstrates your departure from the United States.

 

4. Aliens seeking to enter the United States through CBP at a US port of entry must present additional documents.

1. Documentation proving citizenship

2. List all other names you have ever used, and/or biographical information.

Evidence of the use of alternative names (if applicable)

You must include your maiden name on the application if you have ever used a name other than your legal name (if applicable).

If you have had your name legally changed through marriage, divorce, adoption, or citizenship, you must provide copies of those documents with your application.

1. Criminal Background or Crime History

Include copies of your official police records from every country you have lived in or your proof of citizenship or nationality, if you have it, with each application.

They are valid for 15 months from the date they were issued by a foreign police officer. Your I-212 form must include a new official record if your records are more than 15 months old.

For Canadians, the above information can be obtained by submitting your fingerprints on Form C-216C to the Royal Canadian Mounted Police (RCMP). The returned Civil Product and any associated records must be dated and countersigned by the RCMP before they can be submitted with your Form I-212 Waiver.

5. Additional Material to Support Your Application

Your Form I-212 may or may not be approved at our sole discretion. This means that the adjudicator will consider both the positive and negative aspects of your case when deciding whether or not to grant your request. For a positive conclusion, include as much information as possible to show why your application should be accepted. You have to explain why you think the positives of your case outweigh the negatives and why you think they should take precedence. The I-601 Waiver page paragraph "supporting materials" offers more possibilities to improve your statement.

Potentially beneficial aspects include, but are not limited to:

1. Strong family relationships in the United States of America;

2. Hardship of family members who are citizens or lawful permanent residents of the United States, as well as yourself and your employer here;

3. Recovery and reset test;

4. The length of your lawful presence in the United States and the status of your immigration status while you were here;

5. Evidence of respect for the laws of society, as well as high moral character, in addition to family duties or the intention to maintain them;

6. Absence of significant unfavorable or unwanted factors

7. The applicability of a Waiver of Other Grounds of Inadmissibility; Y

8. The probability that you will soon be admitted as a legal permanent resident.

Along with your application, you will need to submit a notarized document stating the reasons why your application should be approved, such as your strong moral character, your ties to the United States, and difficulties your immediate family may experience. Your affidavit must be used in conjunction with the evidence you submitted in your application.

 

Factors that could be considered detrimental include, but are not limited to:

1. Incriminating evidence of poor moral character, such as prior convictions, ongoing illegal activity, or a history of arrests by law enforcement officers;

2. Repeated violations of US immigration regulations and disregard of other laws;

3. The possibility of being charged with a felony

4. Lack of close family ties or difficulties.

5. Obtaining an immigration benefit through a fraudulent marriage to a US citizen;

6. Work in the United States without authorization or a work permit;

7. Failing to meet the minimum qualifications for a position for which a labor certification might be granted; Y

8. There has been no evidence of rehabilitation or reformation in the last three years of the serious immigration violations committed by this individual.

 

The following are examples of evidence that may support your request:

1. There should be evidence to support the claims you make in your affidavits, whether they come from you or someone else, or a detailed explanation of why you can't get that evidence.

2. Evidence of family ties in the United States

3. All your arrests, charges and convictions from all countries in which you have resided; Police report.

4. If it is the case, proof of rehabilitation.

5. Proof that your entry into the United States will not endanger national security or the safety of the public;

6. Health related documents;

7. Previous employment records;

8. It is essential to show that you, your family or yourself would suffer if you were denied entry to the United States; Hardship test.

9. Documentation on the effects of family separation;

10. The expected living conditions for your family in the country where you would have to relocate if your I-212 form is rejected;

Also, any other documentation that can show why you should be allowed or authorized to reapply for entry into the United States.