Form I-212 Guide: Reapplying for Admission into the U.S. After Deportation or Removal
The path to returning to the United States after deportation or removal can feel daunting, but understanding the process is the first step toward a successful re-entry. Form I-212, officially known as the Application for Permission to Reapply for Admission into the United States After Deportation or Removal, is a useful instrument if you want to rebuild your life in America. This form is designed for those who have been removed due to various circumstances, including visa overstays, criminal convictions, or other immigration violations.
The I-212 application process involves demonstrating eligibility, meeting specific I-212 waiver requirements, understanding processing timelines, and paying applicable fees, so our detailed guide is here to help you every step of the way.
Let’s empower you with the knowledge to approach your I-212 application confidently, offering you the tools to understand the process and boost your chances of a successful result!
What Is Form I-212?
If you have been deemed inadmissible to the United States due to specific sections of immigration law – 212(a)(9)(A) or 212(a)(9)(C) of the INA – you’re not alone. Many individuals face this challenge, but a potential solution is Form I-212.
What is Form I-212? Simply put, it’s your way to ask the U.S. government for permission to reapply for admission after being deported or removed. Think of it like a request for a second chance. By filing this form, you seek consent to come back to the U.S legally.
It’s important to note that you cannot return to the U.S. until the Department of Homeland Security approves your I-212 application. Attempting to return without this permission could lead to permanent inadmissibility, meaning you would be barred from entering the country indefinitely.
The I-212 waiver is a specific type designed for individuals facing inadmissibility under the abovementioned sections. If your situation falls under a different section of the INA, you may need to explore other waiver options.
The I-212 application process requires you to file outside the U.S. and remain abroad for a certain period. This is just one of the many requirements and considerations in seeking an I-212 waiver. So, let’s get into more details!
Inadmissibility Under Section 212(a)(9)(A) and (C) of the INA: Understanding the Specifics
First things first, you must comprehend the specific grounds for inadmissibility under INA sections 212(a)(9)(A) and (C). These sections detail the circumstances that could render an individual inadmissible to the United States due to prior removals, unlawful presence, or other factors.
In the following sections, we will discuss the specifics of each category, outlining the scenarios, timeframes for re-entry, and potential consequences for those seeking to return to the U.S. This knowledge will help you determine your eligibility for Form I-212 and better understand the steps you need to take for successful re-entry.
INA Section 212(a)(9)(A)(i): Removal as an Inadmissible Arriving Alien
| SCENARIO | TIMEFRAME FOR OBTAINING CONSENT TO REAPPLY BEFORE RETURNING TO THE U.S. |
|---|---|
| Removed once | 5 years from the removal date |
| Removed two or more times | 20 years from the removal date |
| Convicted of an aggravated felony | Permanent bar (never eligible to return) |
Do not forget to review your removal documents to confirm the exact law under which you were removed. Also, keep in mind that if you have remained outside the U.S. for the entire specified period, you no longer need consent to reapply and won’t face criminal charges under INA 276(a) if you return lawfully.
IMPORTANT! Even after the inadmissibility period ends, entering the U.S. without inspection could make you inadmissible again under INA section 212(a)(9)(C).
INA Section 212(a)(9)(A)(ii): Removal Under Other Provisions or Voluntary Departure
| SCENARIO | TIMEFRAME FOR OBTAINING CONSENT TO REAPPLY BEFORE RETURNING TO THE U.S. |
|---|---|
| Removed once | 10 years from departure/removal date |
| Removed two or more times | 20 years from departure/removal date |
| Convicted of an aggravated felony | Permanent bar (never eligible to return) |
INA Section 212(a)(9)(A)(ii) encompasses a broader range of removal scenarios beyond just formal deportation. This includes exclusions (denials of entry), deportations under pre-1997 laws, and removals based on various provisions of the Immigration and Nationality Act. These provisions can include violations of the Visa Waiver Program, concerns related to security, or even removal as a stowaway.
Additionally, if you left the United States while a removal order was pending, this section also applies to you. This means that even if authorities didn’t physically remove you, the fact that you departed while facing removal proceedings still triggers this inadmissibility ground.
However, suppose you’ve remained outside the U.S. for the full duration of your required inadmissibility period (10 or 20 years, depending on your circumstances). In that case, you are no longer required to seek consent to reapply through Form I-212. This also means you won’t face criminal charges for unlawful re-entry under INA section 276(a) if you legally return to the U.S. through a designated entry port.
INA Section 212(a)(9)(C): Unlawful Presence and Re-entry
You are permanently inadmissible if you entered or tried to re-enter the U.S. without permission after April 1, 1997, following an unlawful presence of over one year or a prior removal order. You must also remain outside the U.S. for at least 10 years since your last departure before applying for consent to reapply.
IMPORTANT! If you seek nonimmigrant admission and are inadmissible due to unlawful presence and re-entry, you might be eligible for a temporary waiver under INA 212(d)(3)(A) instead of Form I-212.
Why Is the I-212 Waiver Necessary?
If you’ve been found inadmissible to the United States under sections 212(a)(9)(A) or (C) of the INA, obtaining consent to reapply for admission through an I-212 waiver is crucial for your legal return.
IMPORTANT! Do not return to the U.S. before filing your application and receiving the Department of Homeland Security approval!
Returning to the U.S. unlawfully without obtaining this required consent can have serious repercussions:
- Permanent inadmissibility: If you have been removed from the U.S. in the past or have accumulated more than one year of unlawful presence, returning without permission could bar you from ever entering the U.S. again under INA section 212(a)(9)(C).
- Reinstatement of removal order: Your previous removal order could be reinstated under INA section 241(a)(5), forcing you to leave the country again.
- Criminal action: You could face criminal charges under INA section 276 for unlawful re-entry.
- Permanent bar: In addition to the above, you may also face a permanent bar from ever being admitted to the U.S.
Even if you possess a visa, returning without the necessary consent to reapply won’t shield you from these consequences. The I-212 waiver is essential for ensuring your legal return to the United States.
When to File Form I-212
Understanding when to apply for consent to reapply (Form I-212) depends on the specific reason for your inadmissibility:
If You Are Barred Under Section 212(a)(9)(A) of the INA
- After removal: If you have already been removed from the U.S. and are currently outside the country, you must apply for consent to reapply before attempting to return.
- Before removal: If you have received a removal order but haven’t left yet and plan to apply for an immigrant visa, you can file Form I-212 before leaving. Any approval you receive would be conditional until you depart from the U.S. Note that this applies only to inadmissibility under section 212(a)(9)(A). You cannot apply while still in the U.S. if you are inadmissible under section 212(a)(9)(C).
- After conditional approval and subsequent removal: If you receive conditional approval and are later removed again, you must file a new application for consent to reapply. The conditional approval does not protect you from other grounds of inadmissibility that may arise after leaving the U.S. (including under INA section 212(a)(9)(B)).
If You Are Barred Under Section 212(a)(9)(C) of the INA
- Permanent inadmissibility: If you fall under INA section 212(a)(9)(C)(i), you are permanently inadmissible and must always seek consent to reapply before returning to the U.S.
- 10-year waiting period: You cannot apply for consent to reapply until you have remained outside the U.S. for at least 10 years since your last departure. After these 10 years, you must apply for consent before seeking admission.
What Form I-212 Edition to Submit
Make sure you use the correct version of Form I-212 – 04/01/24 – last updated on April 1, 2024. This date and its instructions are at the bottom of every form page. If you’re filling out a physical copy to mail in, double-check that the edition date and page numbers are visible on every page and all pages are from the same form version. Any missing pages or pages from a different edition could result in your application being rejected.
Where to File Form I-212
To learn the correct filing location for your Form I-212, please refer to USCIS’s Direct Filing Addresses page.
Suppose you are filing Form I-212 with U.S. Customs and Border Protection. In that case, you can file electronically through their e-SAFE system or manually in person at a designated CBP port of entry. For more information on filing with CBP, search “Form I-212” or “I-212” on their website if you:
- Intend to enter the U.S. as a nonimmigrant without a visa.
- Are applying for a nonimmigrant visa (excluding K visas, T visas, U visas, or V visas) at a U.S. Consulate.
If you are currently in removal proceedings, follow the specific instructions provided by the immigration court and carefully review the information on the Form I-212 and Direct Filing Addresses pages. For further details on obtaining immigration benefits during removal proceedings, visit USCIS’s Immigration Benefits in EOIR Removal Proceedings page.
IMPORTANT! USCIS can only process applications submitted directly to them. USCIS will not review applications that must be filed with CBP or the EOIR.
I-212 Waiver Requirements and Eligibility Criteria
You need no strict rules or specific family ties to qualify for an I-212 waiver. Instead, your application is evaluated on a case-by-case basis, considering your circumstances.
While there are no guarantees, certain factors are typically considered when reviewing I-212 waiver applications. These include:
- Reason for deportation: The nature and severity of your removal reason.
- Time since deportation: How recently were you deported?
- Length of time in the U.S.: The duration of your legal residence in the U.S. (unlawful presence doesn’t count).
- Moral character: Your overall character, including criminal history, behavior, and reputation.
- Respect for law and order: Your history of obeying laws and regulations.
- Reformation and rehabilitation: Evidence of positive changes in your behavior or circumstances.
- Family ties: Your family responsibilities and connections in the U.S.
- Other inadmissibility issues: If you have any other grounds for inadmissibility besides the one addressed by the I-212 waiver.
- Hardship: The difficulties you and others would face if you were not allowed to return to the U.S.
- Need for your services: Whether your skills or abilities are needed in the U.S.
Essentially, the goal of the I-212 waiver is to give you a second chance. It’s designed as a remedy, not a punishment. The decision-makers will weigh the positive and negative factors in your case.
Some negative factors that could work against your waiver application include:
- Repeated or severe immigration violations.
- Inadmissibility due to other issues that cannot be waived.
IMPORTANT! The I-212 waiver process is based on discretion. You must present your case honestly and thoroughly, highlighting the positive aspects of your I-212 eligibility and why you deserve another opportunity to live in the United States.
Who Needs to File Form I-212?
You should file Form I-212 if you fall under specific categories of inadmissibility as defined in sections 212(a)(9)(A) or (C) of the INA. These sections pertain to individuals who have been removed from the U.S. or have accrued unlawful presence.
Barring Under INA Section 212(a)(9)(A)
This applies if you were removed from the U.S. or left voluntarily after receiving a removal order and are now seeking to re-enter the U.S. or adjust your status. The timeframe for reapplying depends on the conditions of your removal and whether you have been convicted of an aggravated felony.
You can file Form I-212 under this section if you are:
- Applying for an immigrant visa.
- Applying for status adjustment under INA section 245 (excluding T or U nonimmigrant adjustments).
- Seeking admission as a nonimmigrant at a U.S. port of entry without a visa (file with CBP).
- Applying for nonimmigrant visa at a U.S. Consulate (consult with the consulate for filing instructions).
Barring Under INA Section 212(a)(9)(C)
This applies if you have accrued more than one year of unlawful presence in the U.S. and returned unlawfully after being removed. You can file Form I-212 under this section if you are:
- Applying for an immigrant visa.
- Seeking admission as a nonimmigrant at a U.S. port of entry without a visa (file with CBP).
- Applying for nonimmigrant visa at a U.S. Consulate (consult with the consulate for filing instructions).
IMPORTANT! If you are barred under section 212(a)(9)(C) and are currently in the U.S. or have not been physically outside the U.S. for over ten years since your last departure, you are not eligible to file Form I-212.
Keep in mind that any departure from the U.S., even with an Advance Parole Document, is considered a departure under INA sections 212(a)(9)(A) or (C) and could affect your I-212 eligibility.
Who Might Not Need to File Form I-212
You might not need to file Form I-212 for consent to reapply if any of the following situations apply to you (exceptions):
| SCENARIO | DO YOU NEED FORM I-212? |
|---|---|
| Your inadmissibility period under INA 212(a)(9)(A) has expired. | No |
| You withdrew your application for admission at the border and left the U.S. within the allowed timeframe. | Likely no |
| You were declined entry at the border but not formally removed. | Likely no |
| You were denied under the Visa Waiver Program. | No |
| You were paroled into the U.S. after accruing unlawful presence. | Possibly not, but you might need a different waiver (INA 212(a)(9)(B)). |
| You were paroled into the U.S. after being deported. | Possibly not, but you might still be inadmissible under INA 212(a)(9)(A) and need to file the form. |
| You departed the U.S. under a voluntary departure order within the specified timeframe. | Likely no |
| You apply for Registry under INA section 249. | Likely no |
| You are adjusting your status as a U nonimmigrant under 8 CFR 245.24. | Likely no |
| You apply for Temporary Protected Status (TPS). | No (not needed for TPS eligibility, but inadmissibility could affect other benefits). |
In some cases, applicants for certain immigration benefits might obtain a different waiver of inadmissibility than using Form I-212.
Waiver Alternatives to Form I-212
In some situations, if you don’t need to file Form I-212 to address your inadmissibility, you could qualify for a waiver using different forms, depending on your circumstances:
Form I-601: Waiver of Grounds of Inadmissibility
- If you are applying for adjustment of status under NACARA or HRIFA.
- If you are a T nonimmigrant adjusting status under 8 CFR 245.23.
- If you are a VAWA self-petitioner seeking adjustment and are inadmissible under INA section 212(a)(9)(C).
IMPORTANT! If you’re inadmissible under both INA sections 212(a)(9)(A) and (C), you’ll need to file both Form I-212 and Form I-601.
Form I-690: Waiver of Grounds of Inadmissibility under INA sections 245A or 210
- If you are adjusting status based on a legalization program under INA section 245A or 210.
Form I-192, Application for Advance Permission to Enter as Nonimmigrant
- If you are applying for U nonimmigrant status (file with Form I-918).
- If you are applying for T nonimmigrant status (may file with Form I-914).
- If you are barred under INA section 212(a)(9)(C)(i)(I) due to unlawful presence and re-entry without admission or parole, and you are seeking temporary nonimmigrant status. This waiver is temporary and does not address inadmissibility for immigrant purposes.
If you’re unsure whether to file Form I-212, it’s always best to talk to an immigration lawyer or accredited immigration specialist for personalized advice based on your specific situation.
How to File Form I-212 with USCIS: A Step-by-step Guide
Ready to reapply for admission to the United States after deportation or removal? This step-by-step guide will walk you through filing Form I-212 with USCIS. Learn what documents to gather, understand the form’s instructions, and discover helpful tips to increase your chances of approval. Let’s get started on your journey back to the U.S.
Step 1: Gather the Required Documents and Evidence to Support Your I-212 Application
Here is a quick checklist to help you gather the documents you must file with form I-212. The table below has informational purposes only, so we strongly recommend you check the USCIS I-212 page for thorough or new I-212 instructions and required initial evidence.
| SUPPORTING DOCUMENTS | NECESSARY PROOF |
|---|---|
| Records of past exclusion, deportation, or removal proceedings | Final orders from these proceedings |
| Proof of relationship to listed relatives | For U.S. citizens: Proof of citizenship |
| | For non-U.S. citizens: Full name, date/place of birth, U.S. entry details, current/past immigration status, A-Number (if applicable) |
| Evidence of inadmissibility under INA section 212(a)(9)(c) (if relevant) | Proof of prior removal, dates of attempted re-entry and last departure, and proof of 10-year absence (e.g., passport stamps, travel tickets, foreign residency proof, utility bills, employment records) |
| Proof of favorable (and unfavorable) factors |
|
IMPORTANT! Only submit original documents if specifically requested. If you submit papers in a foreign language, include complete English translations and a certification from the translator confirming the translations’ accuracy and completeness.
You must understand that USCIS requires complete transparency. This means disclosing past actions that might be considered unfavorable, such as criminal convictions, immigration violations, or fraudulent activities. While this is daunting, remember that honesty is crucial for a fair application evaluation. Certain unfavorable circumstances could make it more difficult for you to have the I-212 approved (this is not an exhaustive list, and other factors could also be considered):
- A history of bad behavior, such as past crimes or ongoing illegal activities.
- Repeatedly breaking U.S. immigration laws or showing disregard for other laws.
- Being likely to need financial help from the government.
- Not having close family in the U.S. or facing significant difficulties in your home country.
- Marrying a U.S. citizen only to gain immigration benefits.
- Working illegally in the U.S.
- Not having the skills needed for a job that requires a labor certification.
- Seriously violating U.S. immigration laws and not showing signs of changing your behavior.
Now that you have all your documents, you can fill out the I-212 application.
Step 2: Complete the I-212 Form
Your signature on Form I-212 is not just a formality – it’s a legal requirement. You, or someone authorized to act on your behalf, must physically sign this application. USCIS doesn’t accept stamped or typed names as substitutes for a handwritten signature, except for two exceptional cases:
- If you are under 14, a parent or legal guardian must sign the application.
- A legal guardian can also provide a signature for someone mentally incompetent.
USCIS will reject any submission that is not signed or contains an invalid signature. This means your request will not be processed. Additionally, even if they initially accept your application, they may later deny it if they determine the signature is invalid.
However, USCIS understands that providing an original, handwritten signature is not always possible. Therefore, they accept photocopied, faxed, or scanned copies of your original signature. These copies must be from the original document containing your handwritten signature in ink.
Please write legibly in black ink when completing other parts of the form. This will ensure that your information is easily readable and understood.
Some questions on Form I-212 may require more space than provided. If you find yourself needing extra room to answer a question fully, you have two options:
- Part 9: Utilize the space provided in Part 9, specifically designated for additional information.
- Separate Sheet: Attach a separate sheet of paper to your application.
- Write your full name and Alien Registration Number at the top of each additional sheet.
- Indicate the page number, part number, and item number to which your answer refers.
- Sign and date each separate sheet.
Answer all questions on Form I-212 truthfully and to the best of your ability. If a question does not apply to your situation, write “N/A.” For example, if a question asks about your current spouse and you have never been married, you would write “N/A.” If a question asks for a numerical answer and your response is zero or none, write “None.” For instance, if a question asks how many children you have and you do not have any, you should write “None.”
Step 3: Pay the I-212 Form Filing Fee
As it goes with (almost) all USCIS forms, you have to pay a fee. So, how much does Form I-212 cost?
To submit Form I-212, you must pay a non-refundable fee of $1175 for general filing directly to USCIS when you file your application.
This payment can be made in several ways, including:
- Money order
- Personal check
- Cashier’s check
- Credit card (using Form G-1450)
If you pay by check, make sure it’s payable to the DHS.
Exceptions to the I-212 Filing Fee
If you belong to any of the following categories and are applying with U.S. Citizenship and Immigration Services (USCIS), you are exempt from paying the Form I-212 filing fee:
- Special Immigrant Visa Applicants or Recipients:
- Afghan or Iraqi translators or interpreters
- Iraqi nationals employed by or working for the U.S. government
- Afghan nationals employed by or working for the U.S. government or ISAF
- Family members of those listed above
- Adjustment of Status Applicants or Recipients under the CAA or HRIFA:
- Abused spouses or children seeking adjustment of status under the Cuban Adjustment Act (CAA) or the Haitian Refugee Immigration Fairness Act (HRIFA)
- VAWA Self-Petitioners:
- Individuals (and their family members) seeking immigrant classification as Violence Against Women Act (VAWA) self-petitioners
For accurate information on the I-212 form costs and fees, check USCIS’s fee schedule page.
Step 4: Biometrics Appointment (if applicable)
After submitting Form I-212 to USCIS, you might be asked to attend an interview or provide biometric data (fingerprints, photo, and signature). This helps them confirm your identity, gather more information, and conduct background checks, including a criminal history check with the FBI. This is a standard procedure to assess your application.
USCIS will inform you of the time and location if a biometrics appointment is needed. If you’re outside the U.S., the notice will direct you to the nearest U.S. embassy/consulate or USCIS office to schedule your appointment.
During the appointment, you’ll be asked to sign a statement confirming that:
- All information in the application is accurate and was provided or authorized by you.
- You’ve reviewed and understood all the information included in your application.
- All information was complete, true, and correct when you filed it.
Attending this appointment is essential, as failure to do so could result in your application being denied.
Form I-212 Processing Time and Timeline
If you successfully submitted your I-212 with all the evidence, now it is time to wait for an answer.
So, how long will it take to process your Form I-212?
The processing time for Form I-212 is not set in stone and can vary significantly. The complexity of your case, the current workload at the USCIS office handling your application, and other factors like incomplete applications or requests for additional information can all influence the duration.
Based on recent estimates, the average processing time for Form I-212 was 28 months at all USCIS field offices. Of course, your specific case may take more or less time.
To get the most up-to-date information on processing times for Form I-212, you must check the USCIS processing time page, as they regularly update this information.
What to Expect After Submitting Form I-212
Once you’ve submitted your Form I-212, USCIS will begin reviewing your application. This is where the waiting game begins, as processing times are lengthy, as you have seen above.
USCIS may request additional evidence or documentation to support your application (an RFE) during this period. If you receive an RFE, don’t panic. It simply means USCIS needs more information to make a decision. You’ll be given a specific timeframe to provide the requested documents, so respond promptly.
After thoroughly reviewing your application and any additional evidence, the USCIS will decide. If they determine you are eligible, you’ll receive an approval notice permitting you to reapply for admission into the U.S.
My I-212 Was Approved. What's Next?
Your approved I-212 waiver permits you to reapply for a visa, but it doesn’t automatically grant you a visa itself. You’ll need to contact the U.S. consulate or embassy abroad where you initially applied for your visa and reschedule your interview. During this interview, you’ll present your approved I-212 waiver and any other required documents for your visa application.
The consular officer will reassess your eligibility for the visa based on the totality of your circumstances, including the grounds for your previous inadmissibility. If everything is in order, you’ll be issued a visa to travel to the U.S. and seek admission at a port of entry.
Remember, even with an approved I-212 waiver and a visa, the final decision to grant you entry into the U.S. rests with Customs at the port of entry.
Can USCIS Deny My I-212 Application? What Do I Do Then?
Yes, they can.
If USCIS denies your Form I-212, they’ve decided you’re not yet eligible to reapply for entry into the U.S. The denial document you receive will outline the specific reasons for this decision and explain your options for further action.
One potential option is to appeal the decision. This involves filing an appeal with the Administrative Appeals Office (AAO) within 30 days of receiving the denial notice. Your appeal must include a written explanation detailing why you believe the USCIS decision was wrong.
Another possibility, if your application was denied due to missing or incorrect information, is to refile Form I-212 with the necessary corrections or additional supporting documents. Remember that you’ll need to pay the filing fee again when you resubmit.
You must carefully review the denial notice and consult with an immigration service provider or law firm to determine your situation’s best course of action.
IMPORTANT! Be patient and stay informed! Check the USCIS website for updates on processing times and be prepared to respond promptly to requests for additional information.
I-212 Form Frequently Asked Questions
Do you still have questions about Form I-212? You’re not alone! This section answers common inquiries about the I-212 process, potential hurdles, and next steps. Take a look and see if your concerns are addressed. Learning from can help you manage your own I-212 application more smoothly.
After my I-212 waiver is approved, will I automatically get my old visa back?
No, approval of your I-212 does not automatically restore your previous visa status. It’s important to understand the distinction:
- I-212 approval simply means you’ve been granted permission to reapply for a visa or admission to the U.S. Think of it as removing a barrier preventing you from applying again.
- Visa status: This refers to the specific type of visa (e.g., tourist, student, work) that allows you to enter and stay in the U.S. for a particular purpose and duration.
Therefore, even with an approved I-212, you’ll need to go through the visa application process again, just like any other applicant. This involves submitting the required documents, paying the applicable fees, and potentially attending an interview at the U.S. embassy or consulate.
What makes me inadmissible to the U.S.?
Several scenarios could lead to you being ineligible to re-enter the United States, even after obtaining an approved I-212 waiver:
- If you were previously deported or removed from the U.S. upon arrival at a port of entry.
- You may be barred from re-entry if you voluntarily departed the U.S. while your removal proceedings were still pending.
- If you have been removed from the U.S. more than once, your chances of being allowed to return are significantly reduced.
- A felony conviction, particularly involving moral turpitude or aggravated felony, can make you inadmissible.
Even with an approved I-212 waiver, these factors could still prevent your re-entry. Therefore, working with an immigration lawyer or consultant is highly recommended to understand your situation and potential obstacles.
Can I file Form I-212 online?
If you’re applying for Form I-212 with U.S. Customs, you can submit your application online through their e-SAFE portal. Alternatively, you can still file your application in person at designated CBP ports of entry.
Do You Need Help with Filing the I-212 Form?
If you’re feeling overwhelmed or unsure about the I-212 application process, ImmigrationDirect is here to help. Our team of expert consultants and lawyers understands the workings of immigration law and can guide you through every step of the submission process. From ensuring your forms are accurately completed to clarifying the initial evidence and form I-212 instructions, we provide personalized support tailored to your unique situation. Don’t let uncertainty hold you back; contact us today for a consultation, and let us help you achieve your immigration goals!
