Instructions for USCIS Form I-212 "Application for Permission to Re-apply for Admission Into the United States After Deportation or Removal"

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Instructions for Application for Permission to
Re-apply for Admission Into the United States
After Deportation or Removal
USCIS
Form I-212
Department of Homeland Security
OMB No. 1615-0018
U.S. Citizenship and Immigration Services
Expires 04/30/2020
What Is the Purpose of Form I-212?
If you are inadmissible under the Immigration and Nationality Act (INA) section 212(a)(9)(A) or (C), you must ask for
consent to reapply for admission to the United States (consent to reapply) before you can lawfully return to the United
States. Consent to reapply is also called “permission to reapply.” You should use this application to seek consent to
reapply.
Why Do I Need Consent to Reapply?
If you are inadmissible under INA section 212(a)(9)(A) or (C), you need to obtain consent to reapply for admission to the
United States under INA section 212(a)(9)(A)(iii) or (C)(ii). If you need to obtain consent to reapply, it is very important
that you do not return to the United States before you have filed an application for consent to reapply, and before the
Department of Homeland Security (DHS) has approved it.
Returning unlawfully to the United States without inspection and admission or parole, or without obtaining consent to
reapply for admission after having been excluded, deported, or removed, OR after having accrued, in the aggregate, more
than one year of unlawful presence in the United States may make you permanently inadmissible to the United States
under INA section 212(a)(9)(C).
Additionally, returning to the United States without obtaining consent to reapply when needed or returning unlawfully
(such as returning without being inspected and admitted, or by fraud, or any other unlawful means after you have been
excluded, deported, or removed) may have significant consequences, including:
1. Reinstatement of your removal order under INA section 241(a)(5);
2. Prosecution in criminal court under INA section 276; and
3. A permanent bar from admission to the United States under INA section 212(a)(9)(C).
Returning to the United States with a visa may not protect you from these consequences if you are required to obtain
consent to reapply, but did not get that consent.
These Instructions contain more information about the grounds of inadmissibility and the consequences for failure to
obtain consent to reapply in the Detailed Description of Grounds of Inadmissibility Under INA Sections 212(a)(9)(A)
and (C), and Criminal Penalties Under INA Section 276 section of these Instructions.
Who Should File This Application?
You should file this application if you are inadmissible under INA section 212(a)(9)(A) or (C). To determine if
one or both of these grounds of inadmissibility apply to you, read below in Detailed Descriptions of Grounds of
Inadmissibility Under INA Sections 212(a)(9)(A) and (C) and Criminal Penalties Under INA Section 276.
Please be aware that any departure from the United States may make you inadmissible under INA section
212(a)(9)(A) or (C). Traveling abroad with an Advance Parole Document is a departure for purposes of INA
section 212(a)(9)(A) or (C).
Form I-212 Instructions 04/27/18
Page 1 of 18
Instructions for Application for Permission to
Re-apply for Admission Into the United States
After Deportation or Removal
USCIS
Form I-212
Department of Homeland Security
OMB No. 1615-0018
U.S. Citizenship and Immigration Services
Expires 04/30/2020
What Is the Purpose of Form I-212?
If you are inadmissible under the Immigration and Nationality Act (INA) section 212(a)(9)(A) or (C), you must ask for
consent to reapply for admission to the United States (consent to reapply) before you can lawfully return to the United
States. Consent to reapply is also called “permission to reapply.” You should use this application to seek consent to
reapply.
Why Do I Need Consent to Reapply?
If you are inadmissible under INA section 212(a)(9)(A) or (C), you need to obtain consent to reapply for admission to the
United States under INA section 212(a)(9)(A)(iii) or (C)(ii). If you need to obtain consent to reapply, it is very important
that you do not return to the United States before you have filed an application for consent to reapply, and before the
Department of Homeland Security (DHS) has approved it.
Returning unlawfully to the United States without inspection and admission or parole, or without obtaining consent to
reapply for admission after having been excluded, deported, or removed, OR after having accrued, in the aggregate, more
than one year of unlawful presence in the United States may make you permanently inadmissible to the United States
under INA section 212(a)(9)(C).
Additionally, returning to the United States without obtaining consent to reapply when needed or returning unlawfully
(such as returning without being inspected and admitted, or by fraud, or any other unlawful means after you have been
excluded, deported, or removed) may have significant consequences, including:
1. Reinstatement of your removal order under INA section 241(a)(5);
2. Prosecution in criminal court under INA section 276; and
3. A permanent bar from admission to the United States under INA section 212(a)(9)(C).
Returning to the United States with a visa may not protect you from these consequences if you are required to obtain
consent to reapply, but did not get that consent.
These Instructions contain more information about the grounds of inadmissibility and the consequences for failure to
obtain consent to reapply in the Detailed Description of Grounds of Inadmissibility Under INA Sections 212(a)(9)(A)
and (C), and Criminal Penalties Under INA Section 276 section of these Instructions.
Who Should File This Application?
You should file this application if you are inadmissible under INA section 212(a)(9)(A) or (C). To determine if
one or both of these grounds of inadmissibility apply to you, read below in Detailed Descriptions of Grounds of
Inadmissibility Under INA Sections 212(a)(9)(A) and (C) and Criminal Penalties Under INA Section 276.
Please be aware that any departure from the United States may make you inadmissible under INA section
212(a)(9)(A) or (C). Traveling abroad with an Advance Parole Document is a departure for purposes of INA
section 212(a)(9)(A) or (C).
Form I-212 Instructions 04/27/18
Page 1 of 18
Inadmissibility Under INA section 212(a)(9)(A)
You will need to file Form I-212 if you are inadmissible under INA section 212(a)(9)(A) because:
1. You either:
A. Were actually removed from the United States; or
B. Departed the United States on your own after being issued an order of removal (whether administratively final or
not); and
2. You seek admission or adjustment of status:
A. At any time, if you have been convicted of an aggravated felony; or
B. Before you have been outside the United States for a continuous period of:
(1) 5 years, if you were removed as an arriving alien, but only once;
(2) 10 years, if you were removed other than as an arriving alien, but only once; or
(3) 20 years, if you were removed more than once, whether as an arriving alien or not.
You may file Form I-212 if you are inadmissible under INA section 212(a)(9)(A), but not INA section 212(a)(9)(C), and
you are:
1. An applicant for an immigrant visa;
2. An applicant for adjustment of status under INA section 245 (other than as a T or U nonimmigrant seeking adjustment
under Title 8 Code of Federal Regulations (8 CFR) 245.23 or 245.24);
3. An applicant who wishes to seek admission as a nonimmigrant at a U.S. port-of-entry who is not required to obtain a
nonimmigrant visa; or
NOTE: U.S. Customs and Border Protection (CBP) has jurisdiction over these applications for consent to reapply.
For more information on filing Form I-212 with CBP, consult the CBP website at www.cbp.gov.
4. An applicant for a nonimmigrant visa at a U.S. Consulate.
NOTE: Some applicants who are applying for a nonimmigrant visa may not have to file Form I-212 to obtain consent
to reapply for admission. The U.S. Consulate with jurisdiction over your nonimmigrant visa application will advise
you on whether and how to file to obtain consent to reapply for admission.
Inadmissibility Under INA section 212(a)(9)(C)
You will need to file Form I-212 if you are inadmissible under INA section 212(a)(9)(C) and you are:
1. An applicant for an immigrant visa;
2. 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; or
NOTE: CBP has jurisdiction over these applications for consent to reapply. For more information on filing Form
I-212 with CBP, consult the CBP website at www.cbp.gov.
3. An applicant for a nonimmigrant visa at a U.S. Consulate.
NOTE: Some applicants who are applying for a nonimmigrant visa may not have to file Form I-212 to obtain consent
to reapply for admission. The U.S. Consulate with jurisdiction over your nonimmigrant visa application will advise
you on whether and how to file to obtain consent to reapply for admission.
Even if you are in one of the categories of applicants listed above, you may not file an application for consent to reapply
if you are inadmissible under INA section 212(a)(9)(C) and:
Form I-212 Instructions 04/27/18
Page 2 of 18
1. You are in the United States; or
2. You have not been physically outside the United States for more than 10 years since the date of your last departure
from the United States.
Who May Not Be Required to File For Consent to Reapply?
If any of the following apply to you, you may not be inadmissible under INA section 212(a)(9)(A) or (C), or both, and
would not need to seek consent to reapply for admission to the United States:
1. You were inadmissible under INA 212(a)(9)(A), but your inadmissibility period has expired (see the Detailed
Descriptions of Grounds of Inadmissibility Under INA Sections 212(a)(9)(A) and (C) and Criminal Penalties
Under INA Section 276 section of these Instructions to determine whether one or both of these grounds of
inadmissibility apply to you);
2. You were allowed to withdraw your application for admission at the border, and you departed from the United States
within the time specified for your departure;
3. You were refused entry at the border, but not formally removed;
4. You were refused admission as an applicant under the Visa Waiver Program;
5. You departed from the United States after having been unlawfully present for a year or more, in the aggregate, but you
are not inadmissible under INA section 212(a)(9)(C)(i)(1) because, when returning to the United States through a U.S.
port-of-entry, you were paroled into the United States;
NOTE: Even if you were paroled when returning to the United States, after having been unlawfully present for a year
or more, in the aggregate, you may still be inadmissible under INA section 212(a)(9)(B). You may be eligible under
INA section 212(a)(9)(B)(v) for a waiver of this ground of inadmissibility. For more information on waivers, visit
www.uscis.gov/forms
and review the instructions for Form I-601 or Form I-601A.
6. You were previously deported from the United States after having been ordered excluded, deported, or removed, but
you are not inadmissible under INA section 212(a)(9)(C)(i)(I) because, when returning to the United States through a
U.S. port-of-entry, you were paroled into the United States;
NOTE: Even if you were paroled when returning to the United States after having left under an order of exclusion,
deportation, or removal, you may still be inadmissible under INA section 212(a)(9)(A), as discussed in the Who
Should File This Application section of these Instructions.
7. You received an order of voluntary departure from an immigration judge and left the United States during the time
period specified in your voluntary departure order;
8. You are an applicant for Registry under INA section 249;
9. You are in U nonimmigrant status and you are applying for adjustment of status under 8 CFR 245.24; or
10. You are an applicant for Temporary Protected Status (TPS) under INA section 244.
NOTE: Although you may be inadmissible under INA section 212(a)(9)(A) or (C), USCIS cannot consider your
inadmissibility under these provisions for purposes of a TPS application because INA section 244(a)(5) states that a
TPS applicant’s current status may not be considered as part of the adjudication of TPS. Therefore, TPS applicants
do not need to file Form I-212 to establish eligibility for TPS. Your inadmissibility under INA section 212(a)(9)(A) or
(C), however, may remain relevant and be considered for the purposes of other immigration benefits.
Applicants for certain immigration benefits may be able to obtain a waiver of inadmissibility under INA section 212(a)
(9)(A) or (C) instead of consent to reapply for admission. See the Waiver of Inadmissibility Instead of Consent to
Reapply section of these Instructions.
Form I-212 Instructions 04/27/18
Page 3 of 18
Waiver of Inadmissibility Instead of Consent to Reapply
Some applicants do not have to file Form I-212 to overcome their inadmissibility under INA section 212(a)(9)(A) or (C).
If you fall under one of the categories listed below, you may apply for a waiver of your grounds of inadmissibility by
using the following applications below.
1. Use Form I-601, Application for Waiver of Grounds of Inadmissibility, if:
A. You are an applicant for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act
(NACARA) section 202;
B. You are an applicant for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998
(HRIFA) section 902;
C. You are a T nonimmigrant applying for adjustment of status under 8 CFR 245.23; or
D. You are an approved Violence Against Women Act (VAWA) self-petitioner seeking adjustment of status who is
inadmissible under INA section 212(a)(9)(C).
NOTE: If you are inadmissible under INA section 212(a)(9)(A) and (C), you should file Form I-212 and Form I-601.
2. Use Form I-690, Application for Waiver of Grounds of Inadmissibility, under INA sections 245A or 210 if:
A. You are an applicant for adjustment of status based on any legalization program under INA section 245A; or
B. You are an applicant for adjustment of status based on any legalization program under INA section 210 (Special
Agricultural Workers).
3. Use Form I-192, Application for Advance Permission to Enter as Nonimmigrant, if:
A. You are an applicant for U nonimmigrant status. You must file your Form I-192 with your Form I-918, Petition
for U Nonimmigrant Status. You do not need to file Form I-212 or a new waiver application if you are already in
U nonimmigrant status and applying for adjustment of status under 8 CFR 245.24;
B. You are an applicant for T nonimmigrant status. You may file Form I-192 with your Form I-914, Application for
T Nonimmigrant Status; or
C. You are an applicant for nonimmigrant status and inadmissible under INA section 212(a)(9)(C)(i)(I) for unlawful
presence and subsequent reentry without admission or parole. You may be eligible for a waiver of inadmissibility
authorizing you to enter as a nonimmigrant under INA section 212(d)(3)(A) at any time and as an alternative
to consent to reapply, but only if you wish to seek admission to the United States as a nonimmigrant. This
authorization is temporary and does not eliminate the INA section 212(a)(9)(C)(i)(I) ground of inadmissibility
for immigrant purposes or future entries as a nonimmigrant. See the Instructions for Form I-192 to determine
whether and how you may obtain a waiver of a ground of inadmissibility for authorization to enter as a
nonimmigrant under INA section 212(d)(3)(A).
When Should You Apply for Consent to Reapply?
If You Are Inadmissible Under INA Section 212(a)(9)(A)
1. If you have already been excluded, deported, or removed from the United States and are currently outside the country,
you must seek consent to reapply before returning to the United States.
Form I-212 Instructions 04/27/18
Page 4 of 18
2. If you have been ordered removed, but have not left the United States, and will be applying for an immigrant visa
abroad, you may file your application for consent to reapply before you leave the United States under the removal
order. If the agency, at its discretion, chooses to approve your application for consent to reapply, the approval is
considered conditional until you actually depart the United States. Consent to reapply for admission in this situation
applies only to inadmissibility under INA section 212(a)(9)(A). You cannot file an application for consent to reapply
for admission while you are in the United States if you are inadmissible under INA section 212(a)(9)(C).
3. If you are ordered removed again after approval of consent to reapply, you will have to file a new application for
consent to reapply. A conditional approval does not protect you from any other ground of inadmissibility that may
result from your departure from the United States, including under INA section 212(a)(9)(B). See the Where To File
section of these Instructions to determine whether you qualify for the advanced, conditional approval.
If You Are Inadmissible Under INA Section 212(a)(9)(C)
1. If you are inadmissible under INA section 212(a)(9)(C)(i), you are permanently inadmissible and will always need
to request for consent to reapply for admission BEFORE you return to the United States.
2. You cannot file an application for consent to reapply until you have left the United States and have remained outside
the country for at least 10 years since your last departure. After 10 years, you must request consent to reapply before
you seek admission to the United States.
Detailed Description of Grounds of Inadmissibility Under INA Sections 212(a)(9)(A) and (C) and
Criminal Penalties Under INA Section 276
If You Are Inadmissible Under INA Section 212(a)(9)(A)(i)
You must seek consent to reapply if you seek admission to the United States during the period specified in INA section
212(a)(9)(A)(i) and you are inadmissible because:
1. You were removed from the United States as an inadmissible alien through expedited removal proceedings under INA
section 235(b)(1) that were initiated when you arrived at a U.S. port-of-entry; or
2. You were removed from the United States as an inadmissible, arriving alien under INA section 240, and the removal
proceedings were initiated when you arrived at a U.S. port-of-entry.
The periods of time during which you must obtain consent to reapply for admission before you can apply for admission to
the United States again are:
1. 5 years from the date of removal, if you were only removed once;
2. 20 years from the date of removal, if you were removed two or more times; or
3. Forever, if you are an alien who has been convicted of an aggravated felony (as defined in INA section 101(a)(43)).
You must obtain consent to reapply for admission, even if you were not removed because of the aggravated felony
conviction and even if you were convicted of the aggravated felony after you were removed from the United States.
If you seek admission to the United States before the appropriate inadmissibility period is over, you
must file an application for consent to reapply for admission to the United States.
If you do not know the provision of law that was the basis for your exclusion, deportation, or removal from the United
States, review the official documents you received during your proceedings. These documents should indicate the section
of law that applies to your case.
Form I-212 Instructions 04/27/18
Page 5 of 18