How To Apply For I-212 Waiver For Permission To Reapply For Admission After Deportation

If you have been deported or removed from the U.S. after overstaying a previous visa, you may be eligible to apply for a waiver for readmission.

If you have submitted form I-212 because you were found inadmissible under section 212(a)(9)(A) or (C), it allows you to obtain “consent to reapply for admission” that is required before you an lawfully return to the United States.

“Consent to reapply” is also called “permission to reapply.”

If you have a current ban (such as a 5 year ban), you may not eligible to apply for the I-212 if you are applying for non-immigrant visa such as a tourist or student visa.

However, if you are the fiance or spouse of a U.S. citizen and are applying for an immigrant visa (CR-1, IR-1 or K-1), you can apply even with a current ban. The difference is that as a non-immigrant applicant you will need to wait until your ban as been lifted before applying. This rule is not required if you are applying for an immigrant visa.

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Who Is Required To Apply For The I-212 Waiver?

immigration-airportYou will need to file Form I-212 if you are inadmissible under INA section 212(a)(9)(A) because:

You either:

  • Were actually removed from the United States; or
  • Departed the United States on your own after being issued an order of removal (whether administratively final or not); and

You seek admission or adjustment of status:

  • At any time, if you have been convicted of an aggravated felony; or
  • Before you have been outside the United States for a continuous period of:
    • 5 years, if you were removed as an arriving alien, but only once;
    • 10 years, if you were removed other than as an arriving alien, but only once; or
    • 20 years, if you were removed more than once, whether as an arriving alien or not.

Who Is NOT Required To File I-212 Waiver?

Not every situation of deportation, refusal or withdrawal from the U.S. requires the I-212 waiver. If you fall under any of the below circumstances, you do not need to file this form.

  • You were inadmissible under INA 212(a)(9)(A), but your inadmissibility period has expired;
  • 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;
  • You were refused entry at the border, but not formally removed;
  • You were refused admission as an applicant under the Visa Waiver Program;
  • You departed from the United States after having been unlawfully present for a year or more, 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

Am I Eligible TO Apply For I-212 After Deportation or Removal?

If you are inadmissible only under section 212(a)(9)(A), you should file this form if you are:

  • Applying for an immigrant or non-immigrant visa; or (CR-1/IR-1 spouse visa, K-1 visa)
  • Applying for adjustment of status; or
  • You are seeking admission as a non-immigrant at a U.S. port of entry (but who is not required to obtain a non-immigrant visa);

If you are inadmissible under section 212(a)(9)(C), you should file this form if you are:

  • Applying for an immigrant or non-immigrant visa; or (CR-1/IR-1 spouse visa, K-1 visa)
  • You are seeking admission as a non-immigrant at a U.S. port of entry (but who is not required to obtain a non-immigrant visa such as on VWP)

If you are inadmissible under section 212(a)(9)(C), you may NOT file form I-212 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.

How To Apply For I-212 For Permission Reenter U.S.?

port-of-entry-cbp
Re-entry into the U.S.

The following paperwork is required when applying for this waiver. Make sure that you submit everything and make a copy for your own records.

  • Form I-212; Application for Permission to Reapply for Admission into the United States After Deportation or Removal
  • Form G-1145; E-Notification of Application/Petition Acceptance (optional)
  • Filing fee: $585.00

There is no biometric fee for this application so you will not be required to go to an applicant processing center to get your finger prints taken.

What Evidence Is Needed To File I-212?

You must submit the following evidence:

  • Deportation/Removal Proceedings; (attach copies of all correspondence and documentation that you have relating to your deportation or removal proceedings and your removal from the United States (if applicable).
  • Reasons for Your Request for Permission to Reapply; Item Numbers 3.a. and 3.d., you must submit evidence of your relationship to the relative. In addition, if your relative is a U.S. citizen, you must submit proof of the person’s U.S. citizenship. If he or she is not a U.S. citizen, you must provide his or her:
    • Your relative’s full name;
    • Date of birth;
    • Place of birth;
    • Place of admission to, or entry into, the United States;
  • Current immigration status;
  • Immigration status at the time of entry; and
  • A-Number, if known.
  • Affidavits from friends and family

If you are inadmissible under INA section 212(a)(9)(C), submit evidence of:

  • Your removal from the United States;
  • The date you entered or attempted to reenter the United States without being admitted or paroled;
  • The date of your last departure from the United States; and
  • Evidence of your absence from the United States for 10 years since your last departure.
  • You should also submit evidence that relates to your departure and your absence from the United States for at least 10 consecutive years.
  • Evidence may include:
    • Copies of entry/exit stamps from foreign countries in your passport;
    • Receipts for, or copies of, airplane tickets;
    • Registration of your residence abroad;
    • Utility bills in your name at the foreign address;
    • Employment records from your foreign job;

What Is The Approval Process For Form I-212?

adjudication-application
Adjudication of your application

Approval of an application for consent to reapply is discretionary. This means the adjudicator will weigh the favorable and unfavorable factors presented in your case to determine whether to approve your application.

Submit as much evidence as possible to explain why you believe that your application should be approved. You should describe the favorable and unfavorable factors in your case and explain why you think the favorable factors should be given more consideration.

Some favorable factors may include:

  • Close family ties in the United States;
  • Hardship to your relatives who are U.S. citizens or lawful permanent residents, or to yourself, or your employer in the United States;
  • Evidence of reformation and rehabilitation;
  • Length of lawful presence in the United States and your immigration status while you were lawfully present;
  • Evidence of respect for law and order, good moral character, and family responsibilities or intent to hold family responsibilities;
  • Absence of significant undesirable or negative factors;
  • Eligibility for a waiver of other inadmissibility grounds; and
  • Likelihood that you will NOT become a lawful permanent resident in the near future.

Some unfavorable factors may include:

  • Evidence of bad moral character, including criminal tendencies reflected by past convictions or an ongoing unlawful activity or continuing police record;
  • Repeated violations of U.S. immigration laws and a willful disregard for other laws;
  • High likelihood of becoming public charge;
  • Absence of close family ties or hardships;
  • Fraudulent marriage to a U.S. citizen for the purpose of gaining an immigration benefit;
  • Unauthorized employment in the United States;

Comments

  1. Sharon

    Hi, Ayan!
    I´m happy to see that there are some people who are in to help others to handle the immigration journey.
    Well, I have a 9A ban, and an I-30 approved.
    I was for almost 4 months waiting someone accept my lone I-212, even my POE didn´t accepted.
    Now, it was sent to National Benefits Center (It was travelling all around…).
    So I want to know if the I-212 can be adjudicaded there (National Benefits Center).
    Thank you very much for your information.

  2. Hi Sharon,

    Thanks so much for the kind words 🙂

    It sounds like your I-130 was approved without needing the I-212 waiver before approval. The USCIS made a mistake in approving your I-130 before the approval of the I-212. You should contact the NBC to get more information about who will be handling the waiver and how long it might take.

    Good luck and let me know if you need anything!

    Ayan

  3. Sharon

    Hi Ayan,
    I thank you for your answer!
    Seriously? Because I have been asking lawyers, people who undertsand and have been through this process and it´s the first time that I hear that they made a mistake to accept my I-30 before the I-212 approved.
    My lawyer made an infopass to know something and he had no answer. So, he inquired after that and more than a month without the answer of the inquiry…
    Did you ever heard someone who filled the I-212 before the I-30?
    I´m trying to procrastinate my call to NBC but maybe now I have no more things to do in spite of calling and simply ask.
    I´m very gratefull for your interest to help.
    Have a great weekend!

  4. If you have been deported you normally will be barred from being re-admitted to the U.S. During the time you are barred from re-entering, you need to file an I-212 Waiver for Reapplication.

    Depending on the facts of your case, the adjudicator will consider:

    Why you were removed
    How long ago you were removed
    Length of residence in the U.S. (if residence was legal)
    Your moral character
    Your respect for law and order
    Evidence of reformation and rehabilitation
    Your family responsibilities in the United States
    Inadmissibility to the U.S. under other sections of law
    Hardship involved to you and others
    The need for your work (employment) in the U.S.

    I was under the impression that you received an approved visa to be able to go to the POE. If you are currently waiting for your interview or waiting for a visa approval and have not received a visa stamp in your passport, then there may just be a delay in processing. Usually, the NBC/consulate will not approve a spouse visa without the I-212 be approved.

    Your situation definitely needs a lawyer and if the one you currently have cannot give you an answer, look for someone else.

    I am sorry that you are going through this, don’t give up though! You will get through this but you will need to be proactive about your case and keep contacting the NBC for answers.

  5. Saf

    What about removal at POE visa cancelled with 212 a 7 a i I and a 5 year ban I stayed 5 almost 6 months on my previous trips and they forced me to admit that I was working

  6. Hi Saf,

    Sounds like CBP didn’t believe that you would leave the United States since you have a history of overstaying a visa. I’m not sure which visa you have but I’m assuming its a nonimmigrant. There are two types of waivers available in this circumstance: one for immigrants and one for nonimmigrants.

    If you now considered inadmissible and have a 5 year bar you may be able to obtain a waiver to enter the US again. You’ll need to provide more information on the visa type that was canceled and more background on your immigration history for me to make a determination on what your options are.

    Good luck!

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