I-212 - Application for Permission to Reapply for Admission into the United States After Deportation or Removal
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Purpose of Form
A foreign national who is inadmissible under section 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA) files Form I-212 to obtain “consent to reapply for admission” that is required before the foreign national can lawfully return to the United States. “Consent to reapply” is also called “permission to reapply.” INA section 212(a)(9)(A) makes individuals who seek admission to the United States after having been removed from the United States, inadmissible. They are inadmissible for the period specified in INA section 212(a)(9)(A), depending on the basis of the prior removal and on how many times they have been removed. Departure while a removal order is in effect also makes someone inadmissible under INA section 212(a)(9)(A). INA section 212(a)(9)(C) makes individuals who return or attempt to return to the United States without admission inadmissible if they: —were removed from the United States, or —had been unlawfully present in the United States for more than a year, in the aggregate.
Special Instructions
Note on Where to File:
If you are inadmissible only under INA section 212(a)(9)(A), you should file this form if you are:
- An applicant for an immigrant visa;
- An applicant for adjustment of status under INA section 245 (other than as a T or U nonimmigrant seeking adjustment of status under 8 CFR 245.23 or 245.24); or
- An applicant who wishes to seek admission as a nonimmigrant at a US port of entry but who is not required to obtain a nonimmigrant visa. (If you are an applicant for a nonimmigrant visa at a US consulate, and you are required to obtain consent to reapply because of your inadmissibility, the consulate with jurisdiction over your visa application will advise you how to request consent to reapply. You may not be required to file the Form I-212 to receive consent to reapply.)
If you are inadmissible under INA section 212(a)(9)(C), you should file this form if you are:
- An applicant for an immigrant visa; or
- An applicant who wishes to seek admission as a nonimmigrant at a U.S. port of entry but who is not required to obtain a nonimmigrant visa. (If you are an applicant for a nonimmigrant visa at a US consulate, and you are required to obtain consent to reapply because of your inadmissibility, the consulate with jurisdiction over your visa application will advise you how to request consent to reapply. You may not be required to file the Form I-212 to receive consent to reapply.)
If you are inadmissible under INA section 212(a)(9)(C), you may NOT file this Form while you are in the United States. You cannot obtain consent to reapply unless you are seeking admission to the United States more than 10 years after your last departure from the United States.
Note: A VAWA self-petitioner who is inadmissible under INA section 212(9)(C) may seek a waiver of inadmissibility by filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, under INA section 212(a)(9)(C)(iii). The Form I-601 may be filed instead of this Form I-212.
