Filing a waiver application can be a complex and nerve-wracking experience. As someone who has gone through the legal labyrinth, I know firsthand how daunting this can be. If you’re a Lawful Permanent Resident (LPR) and you believe you’re eligible for relief under the former INA Section § 212(c), then this guide is here to help you through the process, step-by-step.

Understanding Form I-191

First things first, you’ll need to file Form I-191, also known as the Application for Relief Under Former Section 212(c) of the INA. This was previously known as the “Application for Advance Permission to Return to Unrelinquished Domicile.” This form is crucial as it sets the stage for your waiver application.

Completing Form I-191

When you fill out Form I-191, a few key details should never be overlooked: Signature If you’re submitting Form I-191 on paper, be absolutely sure to sign it where it says “Signature of Applicant.” Any unsigned forms will be rejected by the U.S. Citizenship and Immigration Services (USCIS), creating delays in your application process. Make sure you use black ink and write legibly. Including Additional Information Should you require extra space to answer any question, type or print your name and Alien Registration Number (A-Number) at the top of each additional sheet. Clearly indicate the Page Number, Part Number, and Item Number to which your answer refers, and be sure to sign and date each sheet. Accuracy Answer all questions fully and accurately. If a question doesn’t apply to you, type or print “N/A.” For numeric responses that are zero or none, type or print “None.”

Biometric Services Appointment

Don’t overlook the biometrics appointment. If you’re required to provide biometrics—which could include fingerprints, photos, and/or a signature—you must attend this appointment. Missing it can lead to the denial of your application. At this appointment, you will need to sign an oath, verifying that:

  1. You provided or authorized all information in the application.

  2. You reviewed and understood all information contained in, and submitted with, your application.

  3. All the information was complete, true, and correct at the time of filing.

Submitting Documents

Photocopies vs. Original Documents When submitting your application, send legible photocopies of the requested documents unless otherwise instructed by USCIS. If you send original documents when they’re not required, they might be destroyed immediately upon receipt. Translations Any documents in a foreign language must come with a full English translation.

Filing Fee

Let’s not forget, you’ll need to pay a filing fee of $585 when submitting your application. It’s always good to double-check the amount before you submit because fees can sometimes change.

Additional Steps Required by USCIS

USCIS may require you to appear for an interview or request additional biometrics at any time. This is generally to verify your identity, gather extra information, and conduct background and security checks, including a review of your criminal history records maintained by the FBI.

After Application Submission

Once USCIS receives your application and confirms it’s complete, you’ll be informed in writing if you need to attend a biometric services appointment or take any additional steps.

So there you have it, a quick but thorough guide to filing a 212(c) waiver application. I remember how stressful it was when I filed mine, but having all the steps laid out clearly made it so much easier. Stay organized, make sure all your ducks are in a row, and you’ll navigate through this just fine! If you have any lingering questions, don’t hesitate to consult with an immigration attorney—they can provide invaluable guidance tailored to your unique circumstances.

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