Asian Journal- The Filipino-American Community Newspaper

QUESTION: May an alien who is deported or removed from the United States apply for an immigrant visa abroad?

Answer: Yes. To apply for an immigrant visa, the alien must have the following:

An approved immigrant visa petition with visa currently available.

If the visa application is prior to the completion of the five or twenty year required absence from the United States, the alien must submit a Form I-212, Application for permission to reapply for Admission into the United States after Deportation or Removal with supporting documentation.

If the alien requires a waiver of inadmissibility for fraud, crime or misrepresentation, a Form I-601 Waiver of Grounds of Excludability with supporting documents must also be filed.

Answer: Yes. The alien may adjust status in the United States but he or she will be required to file Form I-212 Application for Permission to Reapply for Admission into the United States after Deportation or Removal with supporting documents with the District Director. If the case is with the Immigration Judge, the form should be filed in court.

Answer: Yes. The alien will be required to submit Form I-212 to the consular officer. If the consular officer accepted the application, he will recommend to the District Director to approve the alien’s application.

Note: This is not a legal advice. You should talk to an experienced immigration attorney about the circumstances of your case.

Last February 2009, we received an approval of an adjustment of status in Immigration Court for a client who entered the US by misrepresenting himself as married to another person not his wife. The Immigration Judge granted the waiver based on long residence in the US and hardship to the two United States citizen children.