Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

Let us help you start your application today!

What is Form I-212?

Form I-212, Application for Permission to Re-apply for Admission into the United States After Deportation or Removal, is a form used by individuals who have been deported or removed from the U.S. previously and who are seeking permission to re-apply for admission into the U.S.

Individuals who have been deported or removed may be subject to certain legal bars that prevent them from returning to the U.S. for a specified period of time.

Form I-212 allows individuals to request permission to overcome these bars and seek readmission (entry) to the U.S.

Key points regarding Form I-212:

  • Purpose: The primary purpose of Form I-212 is to seek permission to reapply for admission into the U.S. after a previous deportation or removal order.
  • Eligibility: Individuals who have been deported or removed may be eligible to file Form I-212. However, eligibility requirements and the process can vary based on individual circumstances, including the grounds for deportation or removal.
  • Application Process: The application process involves submitting a completed Form I-212 along with any required supporting documentation to the USCIS, CBP or immigration court. It is essential to carefully follow the instructions provided with the form.
  • Decision: USCIS, CBP or immigration judge will review the application and make a decision on whether to grant or deny permission to reapply for admission. The decision is typically based on factors such as the reasons for deportation or removal, the individual’s immigration history, and any evidence of rehabilitation or changed circumstances.

Who is eligible to file Form I-212?

Form I-212 can be filed by the following individuals:

  • Inadmissible under INA section 212(a)(9)(A): this includes individuals who were removed from the U.S. or departed the U.S on their own after being issued an order of removal and applying for adjustment of status or admission into the U.S.:
    • At any time if the individual has been convicted of an aggravated felony, or
    • Before residing outside the U.S. for a continuous period of:
      • 5 years if the individual was removed as an arriving alien but only once
      • 10 years if the individual was removed other than as an arriving alien but only once, or
      • 20 years if the individual was removed more than once, whether as an arriving alien or not
  • Inadmissible under INA section 212(a)(9)(C): this includes individuals who re-entered or attempted to re-enter the U.S. illegally after being unlawfully present for over one year or after an order of removal and:
    • Applying for an immigrant visa
    • Seeking admission as a nonimmigrant at a U.S. port-of-entry but who is not required to obtain a nonimmigrant visa, or 
    • Applying for a nonimmigrant visa at a U.S. Consulate.

Who is not required to file Form I-212?

The following individuals are not required to file Form I-212:

  • 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 US border, and you departed from the U.S. within the time specified
  • You were refused entry at the US border but not formally removed from the US
  • You were refused admission as a Visa Waiver Program (ESTA) entrant
  • You departed from the US after having been unlawfully present in the US for a year or more (in aggregate) but you are not inadmissible under INA section 212(a)(9)(C)(i)(1) because you were paroled into the US
  • You were previously deported from the US after an order of exclusion, deportation, or removal, but you are not inadmissible under INA section 212(a)(9)(C)(i)I) because you were paroled into the US
  • You received an order of voluntary departure from an immigration judge and the left the US during the time specified in your voluntary departure order
  • You are an applicant for Registry under INA section 249
  • You are in U nonimmigrant status and you are applying for adjustment of status
  • You are an applicant for TPS (Temporary Protected Status)

Form I-212 filing fee

The filing fee for Form I-212 is $930

You can pay Form I-212 filing fee with a money order, personal check, cashier’s check or pay by credit card using Form G-1450, Authorization for Credit Card Transactions.

If you pay by check, it must be payable to the U.S. Department of Homeland Security.

Use the USCIS Fee Calculator to determine the correct amount of fee you need to pay.

USCIS filing fees are subject to change, check the most recent Form I-212 fee on the USCIS website.

Form I-212 checklist of required documents

The following documents must be submitted with your Form I-212 application (submit photocopies only):

Evidence required

Examples of acceptable documents

Deportation/Removal proceedings
  • All documentation related to your deportation or removal proceedings
  • If you do not have your records, you can submit a FOIA request with USCIS and EOIR 
Information about your relatives If you listed any relative in Part 3:

  • Evidence of your relationship to that person (for example, marriage certificate, birth certificate)
  • If the relative is a U.S. citizen, proof of U.S. citizenship (at least one of the following documents):
    • U.S. birth certificate (if born in the US)
    • Naturalization certificate
    • Citizenship certificate
    • Unexpired US passport (biographic page)
    • Consular Report of Birth Abroad (only if born outside the US to US citizen parents)
  • If the relative is not a U.S. citizen:
    • Relative’s full name
    • Relative’s date and place of birth
    • Relative’s place of admission or entry into the U.S.
    • Relative’s current immigration status
    • Relative’s immigration status at the time of entry into the U.S.
    • Relative’s Alien Registration Number (if any)
Inadmissible under INA section 212(a)(9)(C) Only if you are inadmissible under INA section 212(a)(9)(C):

  • Evidence of your removal from the U.S.
  • The date you entered or attempted to reenter the U.S. without being admitted or paroled
  • The date of your last departure from the U.S.
  • Evidence of your absence from the US for 10 years since your last departure. Examples of acceptable evidence include:
    • Copies of entry/exit stamps from foreign countries in your passport
    • Copies of airplane tickets
    • Proof of your residence abroad (utility bills, employment records, lease agreements, pay stubs, etc.)
Documentation required if seeking permission to reapply for admission to the US through CBP at a U.S. port-of-entry Only if seeking permission to reapply for admission to the US through CBP at a US port-of-entry:

  • Proof of citizenship (birth certificate, passport)
  • Other names used (provide all other names used including aliases, maiden name, and nicknames)
  • Criminal records (your official police record, or evidence that no police record exists from all countries of prior residence and from your country of citizenship or nationality. These criminal records are valid for 15 months since the issuance date)
  • Favorable factors such as:
    • Family ties in the US
    • Hardship to your US citizen or green card holder relatives or to yourself (medical records, employment records, impact of family separation, country conditions of your home country)
    • Evidence of reformation and rehabilitation
    • Length of lawful presence in the US and your immigration status while you were lawfully present
    • Good moral character evidence (affidavits from you and other individuals)
    • Absence of significant undesirable or negative factors (police reports from countries where you lived, complete court records regarding any arrests, charges or convictions from any country)
    • Eligibility for a waiver of other inadmissibility grounds
    • Likelihood that you will become a lawful permanent resident in the near future

How to file Form I-212

The process of filing Form I-212 involves the following steps:

Step 1. Download the Form I-212:

  • Obtain the latest edition of Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, from the USCIS website.
  • USCIS will reject any outdated editions of Form I-212

Step 2. Gather Supporting Documents:

  • Collect all the necessary supporting documents (see the checklist above). 
  • Unless directed otherwise, submit only photocopies of the documents.

Step 3. Complete the Form:

  • Fill out the form accurately and completely. Sign and date the form in ink
  • USCIS does not accept computer-generated or stamped signatures
  • Fill out and submit Form G-1145 to receive an electronic notification (text message or email) containing USCIS receipt number 

Step 4. Filing fee payment:

  • Check the USCIS website for the most current I-212 filing fee
  • Acceptable forms of payment include: money order, personal check, cashier’s check or credit card payment (fill out Form G-1450)
  • If paying by check, the check must be payable to the U.S. Department of Homeland Security

Step 5. Submit the Application:

Step 6. Check Application Status:

  • If you submitted Form G-1145 to USCIS with your application, 1 week after the submission you will receive a text message or email from USCIS with your Form I-212 receipt notice. Check your spam folder.
  • USCIS will mail the receipt notice 2-3 weeks after the submission date
  • You can track the status of your application online by entering the Form I-212 receipt number 

Step 7. Wait for Processing:

  • USCIS will process your application, and if additional information or document is needed, an RFE notice will be mailed to you. Once processed, you will receive a decision on your application by mail.

Form I-212 processing time

The processing time for Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, can vary based on a variety of factors, including the volume of applications received, USCIS workload, and individual case complexities:

  • Nebraska Service Center – 22 months
  • All field offices – 24 months

To check the most current processing times for Form I-212:

  • Visit the USCIS website at https://egov.uscis.gov/processing-times
  • Select “Form I-212”
  • Choose the USCIS Service Center. The service center handling your application can be found in the lower left corner of Form I-212 receipt notice.

Keep in mind that processing times are general estimates, and individual cases may take less or more time to complete.

Additionally, USCIS may issue Requests for Evidence (RFEs) during the processing of your application, which can add to the overall processing time. 

It’s crucial to respond promptly and thoroughly if you receive an RFE to avoid delays.

If your case is outside the normal processing time, you place an Outside Normal Processing Time e-Request or request assistance from your local congressman’s office.

Related Links:

Inadmissibility in U.S. Immigration

Form I-601, Application for Waiver of Grounds of Inadmissibility

Form I-601A, Application for Provisional Unlawful Presence Waiver