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Last Updated On: January 17, 2024 | Published On: February 21, 2023
Individuals who want to seek permission to re-enter the United States after being deported or removed must submit Form I-212. It is a crucial part of the process for anyone who is looking to re-enter the U.S. Let’s review the proper procedures, form processing time, approval rate, and more!
Form I-212 is known as Application for Permission to Reapply for Admission into the United States After Deportation or Removal. The form is meant to give the U.S. government information about the individual, their reasons for seeking re-entry, and whether they meet the eligibility requirements for permission to reapply for admission. The form is an essential step for individuals who have been removed or deported and are seeking to return to the United States for various reasons, including family reunification, work, or study. In this process, it is important to ensure that the application is filled out correctly and altogether to avoid any delays or denials. Let’s review the proper procedures, form processing time, approval rate and more!
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The section above Part 1 is for DHS use only and should not have anything written in it. The section below should be completed by an attorney or accredited representative if you have one.
This section is dedicated to biographic information about you, the applicant. In line 1, fill out your alien registration number. Lines 2.a. to 4.c. write out your full name and any other names used. The following section should be your mailing address, including street number and name, city, state, zip code, province, postal code, and country. If your mailing address is different from the address you currently live, indicate that in line 6 and then complete the physical address section below that. In lines 8-15, include your U.S. Social Security Number if you have one, your U.S. online account number (if any), gender, date of birth, city/town of birth, state or province of birth, and country of citizenship or nationality. The information requested in Item Numbers 16 – 17.b. is required if you seek an immigrant or nonimmigrant visa with your consent to reapply for application.
This section is very important to mark properly, so we highly advise working alongside a qualified immigration attorney.
Lines 1.a.- 4 are for those who were removed as an arriving alien under INA Section 212(a)(9)(A)(i)). If you have been removed as an arriving alien in expedited removal proceedings under INA section 235(b)(1) or was removed at the end of proceedings under INA section 240 as an arriving alien, mark ‘Yes’ in line 1.a. If you have only been removed once, and it was less than five years ago, check line 1.b. If you have been removed at least two or more times, and your last removal was less than 20 years ago, check box 1.c. If you have been convicted of an aggravated felony in the United States or abroad, before or after your removal from the United States mark line 1.d. and provide information on your aggravated felony convictions in Part 9. Additional Information plus include the required evidence.
Lines 5.a.- 7.b. are for those who were removed as a deportable alien under INA Section 212(a)(9)(A)(ii)). If you have been removed as a deportable alien under INA section 240 or any other provision of the law, or departed the United States while an order of removal was outstanding mark ‘Yes’ in line 5.a. If you have only been removed once and your removal was less than 10 years ago, check box 5.b. If you have been removed at least two or more times, and your last removal was less than 20 years ago, check box 5.c. If you have been convicted of an aggravated felony in the United States or abroad, before or after your removal from the United States mark line 5.d. and provide information on your aggravated felony convictions in Part 9. Additional Information plus include the required evidence.
Lines 8-13 are for those who entered after unlawful presence in the aggregate of 1 year (INA section 212(a)(9)(C)(i)(I)). If you entered or attempted to enter the United States without being admitted or paroled, after having been unlawfully present in the United States on or after April 1, 1997, for a period of more than one year, in the aggregate mark ‘Yes’ in line 8. If you answered “Yes” to Item Number 8., list all the time periods during which you were unlawfully present in the United States.
Lines 14-17 are for those who entered after removal under INA Section 212(a)(9)(C)(i)(II)). If you entered or attempted to enter the United States without being admitted or paroled after having been excluded, deported, or removed mark “Yes” in line 14. If you answered “Yes” to Item Number 14., list all the dates when you were excluded, deported, or removed from the United States.
In Part 3, indicate what immigrant status you will seek if the Department of Homeland Security. In line 2, explain why you wish to reenter the United States. In lines 3.a. to 4.b. write the names of any U.S. citizen or lawful permanent resident family members you have.
This section asks for basic bio information like your height, weight, eye color, hair color, etc.
If you are filing this application with Customs and Border Protection (CBP), provide the information requested in Item Numbers 1.a. – 40.c.
These sections are standard on all USCIS forms and ask you to certify that you understand English, or had an interpreter or someone on your behalf complete the form under penalty of perjury that the information is correct.
Make sure to sign the forms since any unsigned forms with be rejected.
The list below is not a fully comprehensive checklist. Consult your immigration attorney to ensure you have all the proper documentation necessary to make your case to USCIS.
The location of where to file Form I-212 will depend on a number of factors. Refer to this USCIS Direct Filing Addresses page. We also recommend completing Form G-1145, E-Notification of Application/Petition Acceptance and attaching it to the first page of your application if you wish to receive an email or text message that your Form I-212 has been accepted at the Lockbox facility.
The filing fee for Form I-212 is $930 and you can pay that with a money order, check or by credit card using Form G-1450. Make any checks payable to the U.S. Department of Homeland Security.
A person who is found inadmissible under Section 212(a)(9)(C) is permanently inadmissible and must reapply for admission every time they wish to enter the country. If you want to apply, you must leave the United States and stay outside of the country for at least 10 years after you leave the country. Even if you have a U.S. citizen relative the 10-year bar is required and once that time has passed, you can file Form I-212 to seek consent to reapply for admission to the U.S.
Below are some of the most frequently asked questions pertaining to Form I-212.
What percentage of I-212 waivers are approved?
Foreign nationals are generally granted the I-212 Consent to Reapply for Admission if they have received an approved family petition or employment-based petition, have only been deported once, have no criminal record, have not committed significant immigration violations, or can demonstrate hardship to their employer or family if they are not allowed to return.
What is the Form I-212 for?
This form is for individuals who want to seek permission to re-enter the United States after being deported or removed.
Who is eligible for an I-212 waiver?
The eligibility will depend on a number of qualifying factors. There is no cut-and-dry answer so it’s best to discuss the specifics of your case with your immigration attorney.
What is the difference between I-212 and I-601?
Form I-601, officially known as the “Application for Waiver of Grounds of Inadmissibility,” is used by individuals who are applying for an immigrant visa or adjustment of status, but are otherwise ineligible due to certain grounds of inadmissibility. The purpose is to request a waiver or forgiveness for certain grounds of inadmissibility, which may include health-related issues, criminal convictions, immigration violations, and other factors that would make an individual ineligible for immigration to the United States. By submitting it, an individual can provide information and evidence to demonstrate that granting a waiver would be in the best interests of the United States and that denying the waiver would result in extreme hardship to the applicant’s qualifying family member. If the waiver is approved, the individual can be considered for an immigrant visa or adjustment of status despite the grounds of inadmissibility. However, it is important to note that approval of a waiver is not guaranteed, and each case is considered on its individual merits.
What happens after the I-212 waiver is approved?
The approval of a Form I-212 waiver does not automatically grant admission into the United States, but it does allow an individual to apply for a visa or admission at a port of entry. Once the waiver is approved, the individual must still apply for an immigrant or non-immigrant visa, or seek admission at a port of entry, and undergo a separate inspection process.
What is a 212 waiver?
The 212 waiver is available to individuals who are deemed inadmissible to the United States due to their prior removal or deportation and who wish to return to the country for a specific purpose, such as to reunite with family members or for employment opportunities.
Who qualifies for a 212 h waiver?
The INA § 212(h) waiver is available to three groups of non-citizens: (1) those who are applying for an immigrant visa from a U.S. consulate abroad; (2) those who are applying for admission with an immigrant visa at a designated U.S. port of entry; and (3) those who are physically present within the United States and applying for adjustment to LPR status. If a non-citizen falls into any of these categories and meets the relevant eligibility requirements, they can be eligible for an immigrant visa, be admitted to the U.S., or become eligible for LPR status, despite having committed certain crimes that would otherwise make them inadmissible under INA § 212(a)(2).
How long does a 212 waiver take?
On average, USCIS takes 6-12 months to adjudicate the I-212 waivers.
Tags: Immigration Forms
