What Are the Chances of Getting an I-212 Waiver Approved?

what percentage of i-212 waivers are approved

If you’ve been deported or removed from the U.S., you already know how unforgiving this system can be. You’re not looking for sympathy. You’re looking for facts. And the question you’re probably too tired to keep Googling is:

“What are the chances of getting an I-212 waiver approved?”

The short answer? It depends.

What is an I-212 Waiver—and Who Needs One?

If the government has found you inadmissible under sections 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA), you’ve likely got a reentry bar that lasts 5, 10, or even 20 years. That bar doesn’t just go away because time passed or your circumstances changed. If you want to return to the U.S. before that time’s up, you’ll need to request “permission to reapply” using Form I-212.

It’s not a request for forgiveness. It’s a request to be allowed to try again.

In other words, it doesn’t get you a visa or green card. It gets you a shot at applying without being denied on the spot just because of your removal history.

So, What Are the Chances of Getting Approved?

The U.S. government doesn’t publish official approval stats for Form I-212. Surprise, surprise. But based on experience from immigration attorneys across the country, as well as internal agency data obtained through FOIA (Freedom of Information Act) requests, the estimated approval rate ranges between 60% and 70%when properly filed with compelling evidence.

That’s not nothing.

But let’s not pretend that means it’s “easy.”

The people who fall through the cracks (and there are many) are often the ones who:

  • Don’t explain their past clearly or honestly
  • Don’t gather the right evidence
  • Don’t think they need a lawyer
  • Try to submit a waiver like it’s just another form, instead of a legal argument

If that’s the approach? Their chances drop—fast.

What Makes an I-212 Waiver Strong?

Here’s where USCIS starts playing judge, jury, and “character evaluator.” They’re not just reading what you did—they’re evaluating who they think you are now. That’s the uncomfortable part. But it’s also where we build our strongest cases.

Here’s what tips the scale in your favor:

Favorable Equities

These are the good things in your life—your ties to the U.S., your family, your contributions.

  • A U.S. citizen or lawful permanent resident spouse or child
  • Stable employment or job offers
  • Community involvement or church membership
  • Evidence you’ve contributed positively (volunteering, financial support)
  • No criminal activity since removal

Rehabilitation

If the removal was tied to criminal conduct, the burden’s even higher. USCIS wants proof you’ve changed.

  • Certificates from rehab programs or anger management
  • Letters from therapists, faith leaders, or community members
  • Proof of a stable, crime-free life since your departure

Time Outside the U.S.

If you’ve been outside the U.S. for a significant stretch of time and kept a clean record? That helps. Especially if you’ve built a life, kept a job, and stayed connected to your U.S. family.

Honest, Coherent Storytelling

Don’t underestimate this. We see denials all the time because the applicant downplayed the truth, failed to explain inconsistencies, or avoided taking responsibility.

A strong waiver explains:

  • What happened
  • Why it happened
  • What you’ve done to make things right
  • Why returning now makes sense—not just for you, but for your family or community

What Hurts Your Chances?

Not everyone gets approved. Here’s what often sinks a case:

  • Minimizing or denying the past
  • Submitting thin or disorganized evidence
  • Failing to show any positive equities
  • Continuing to break immigration rules
  • Having unresolved criminal matters
  • Being removed more than once (especially after re-entering unlawfully)

Also: USCIS has wide discretion. Two people with similar histories can get totally different results. That’s not fair—but it’s the system we’re working with.

How Long Does It Take?

As of 2025, I-212 waiver processing times average around 33.5 months. Yes, almost three years.

That’s not a typo. And no, there’s no expedited option unless you can prove a qualifying emergency (and even then, good luck).

That’s why filing it correctly the first time matters.

Should You Apply for I-212 Alone?

Legally? Sure. Technically, anyone can submit their own application. But here’s what we’ve seen again and again:

People who apply alone—without legal representation or a complete evidence package—face a far higher chance of rejection. That’s because:

  • USCIS isn’t required to ask for missing information—they can just deny.
  • You might not know you’re also inadmissible for other reasons.
  • You could leave out supporting documents that change your entire outcome.
  • You might phrase things in a way that creates more problems than it solves.

The harsh reality? This system punishes mistakes. And there’s no prize for bravery if your case gets denied because the paperwork wasn’t airtight.

What Happens If You’re Approved?

If your I-212 is approved, you’re allowed to apply for admission—either through a visa, a green card process, or another immigration benefit.

It’s a big win. But it’s not the final step.

If you have other grounds of inadmissibility (criminal history, fraud, etc.), you’ll still need to file a separate waiver—usually an I-601. These two waivers can sometimes be filed together, but every case is different.

What Happens If You’re Denied?

USCIS will usually issue a denial notice outlining the reasons. From there, you may:

  • File a motion to reopen or reconsider (Form I-290B)
  • Reapply with stronger evidence
  • Wait until your bar expires (if it hasn’t already)

But the damage from a weak or sloppy first attempt? That can linger. That’s why we always aim to get it right from the start.

Final Thoughts: Should You Even Try?

That’s a question only you can answer. But here’s the truth:

If you have a strong reason to return—family, job, roots—and you’re willing to be honest and thorough? Then yes, you should absolutely try.

This isn’t about throwing a form into a black hole and hoping for the best. It’s about building a case. Laying out the facts. Showing who you are now, not just what happened before.

It’s about demanding a shot at the dignity this system so often tries to deny you.

At the Law Office of Lina Baroudi, we’ve walked this path with clients who thought they didn’t stand a chance. We don’t promise miracles. We promise real strategy, real support, and the kind of advocacy that doesn’t flinch when things get hard.

Need Help Preparing Your I-212 Waiver?

Based in San Jose, CA, we work with foreign clients nationwide and globally. If you need help preparing an I-212 waiver, or you’ve been denied and want to try again, we’re here to walk the path with you.

Author Bio

Lina Baroudi is the owner and managing attorney at the Law Office of Lina Baroudi. Lina is a dedicated immigration attorney with over ten years of experience in the field. As an immigrant herself, having moved to the United States from Syria at a young age, Ms. Baroudi understands the challenges and complexities that immigrants face. Her personal connection to immigrant rights fuels her passion and commitment to achieving success for her clients.

Throughout her career, Lina has been recognized for her excellence in immigration law. She was listed in the California 2015-2020 Rising Stars List by Super Lawyers, an honor given to only 2.5 percent of attorneys in the state. Lina’s proficiency in the field is further evidenced by her role as a Law Clerk at the California Court of Appeal for the Sixth Appellate District, where she gained invaluable experience and knowledge. She also received the prestigious Witkin Award for Academic Excellence in Immigration Law during her time at Golden Gate University School of Law.

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