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  5. 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

What is the Purpose of this Form?

Form I-212 is for a particular inadmissible immigrant and nonimmigrant population who are inadmissible under the Immigration and Nationality Act (INA) section 212(a)(9)(A) or (C), and are seeking permission to reapply for admission into the United States (also known as "consent to reapply") after they have been excluded, deported, or removed from the United States or had been unlawfully present in the United States for an aggregate period of more than 1 year, and subsequently entered or attempted to reenter the United States without being admitted. 

Who Should File this Form?

There are three pertinent sections in the Immigration and Nationality Act (INA) that address the above referenced nonimmigrant and his/her need to obtain consent to reapply in advance of applying for admission into the United States. The three noted sections are §212(a)(9)(A), §212(a)(9)(C) and §276. To determine if any of these sections apply to you, read information in Form I-212 Instructions, Detailed Descriptions of Grounds of Inadmissibility.

How to File Form I-212 with U.S. Customs and Border Protection (CBP)?

Nonimmigrants who are required to obtain a visa to enter the United States:

  • If you are inadmissible under INA section 212(a)(9)(A), but not INA section 212(a)(9)(C), and you are an applicant for a nonimmigrant visa, you 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 through established Department of State and CBP channels.
  • If you are inadmissible under INA section 212(a)(9)(C), and you are an applicant for a nonimmigrant visa, you need to contact the U.S. Consulate or Embassy with jurisdiction over your nonimmigrant visa application.  If you are not in the United States and you have been physically outside the United States for more than 10 years since the date of your last departure from the United States, the consular officer will advise you on whether and how to file to obtain consent to reapply for admission with CBP.  You should be prepared to present documentation to the consular officer as evidence to support your claim of being outside of the United States for at least 10 years. 

Nonimmigrants who are not required to obtain a visa to enter the United States:

  • If you are inadmissible under INA section 212(a)(9)(A) and/or 212(a)(9)(C), but not required to obtain a visa to enter the United States as a nonimmigrant, you may file Form I-212 electronically or at a CBP designated port of entry. The Form I-212 and accompanying documents must be filed in advance of travel.
  • If you require consent to reapply and are inadmissible to the United States because of additional reasons (for example, having a communicable disease, criminal record for crimes involving moral turpitude, or a violation of any controlled substance law), you may also have to file a Form I-192 in conjunction with a Form I-212. Both Forms I-212 and I-192 may be downloaded at the U.S. Citizenship and Immigration Services Forms website.
  • Beginning Mid-2019, nonimmigrants who are not required to obtain a visa to enter the United States are able to file and pay for your Form I-212 application online using the Electronic Secured Adjudication Forms Environment (e-SAFE). Nonimmigrants who electronically filed via e-SAFE and completed biometrics at ports of entry will receive a confirmation email when the application is submitted to CBP. e-SAFE will allow you to check the status of your application, receive electronic communications, and receive electronic notification of a decision. Processing times will range from 60 to 90 days from the day the biometrics are completed.
  • Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands may contact the nearest consulate of the U.S. Department of State to receive instructions on where and how to submit this form.
  • Visa Waiver Program: If you are a citizen or eligible national of a Visa Waiver Program (VWP) country and inadmissible under any INA section 212, you will need to contact the nearest U.S. Consulate or Embassy for further instructions. 

What Must Be Submitted With the Application?

In addition to the required evidence stated on the revised Form I-212 Instructions, the following additional documentation should be submitted to the consular officer at the U.S. Consulate or Embassy during your visa interview or with the Form I-212 to CBP ARO:

Nonimmigrants who are required to obtain a visa to enter the United States:

  • If you are inadmissible under 212(a)(9)(C), provide any information that you believe will establish your departure and absences from the United States for 10 years.
  • If you were granted Voluntary Departure by an Immigration Judge, provide documentation as proof of your timely departure.
  • A properly executed Form G-28 must be included with the application if the applicant has retained an authorized representative.

Nonimmigrants who are not required to obtain a visa to enter the United States:

  • Evidence of Citizenship.
  • Any supporting documentation.
  • A properly executed Form G-28 must be included with the application if the applicant has retained an authorized representative.
  • Biometrics will be completed by a U.S. CBP Officer at the designated port-of-entry.
  • Form G-325A is not needed when filing the most recent version of the Form I-212.  
  • If you have a criminal record in any other country's court system, you must obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.
  • If you were granted Voluntary Departure by an Immigration Judge, provide documentations as proof of your timely departure.
  • Canadian citizens: To obtain verification of your Canadian criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-212. Please visit the RCMP website for instructions, addresses and payment information on obtaining your record. Do not submit the Form I-212 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.
  • A copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world.

Application Filing Fee

Nonimmigrants who are required to obtain a visa to enter the United States:

  • Bank drafts, cashier's checks, certified checks, personal checks and money orders must be drawn on U.S. financial institutions and payable in U.S. funds.
  • The fee should be made payable to U.S. Customs and Border Protection (CBP).
  • Updated application fee information can be found at U.S. Citizenship and Immigration Services website
  • Application fee should be submitted with Form I-212 and supporting documents to U.S. Customs and Border Protection, Admissibility Review Office, 22685 Holiday Park Dr. Suite 10, Sterling, VA 20598-1234.

Nonimmigrants who are not required to obtain a visa to enter the United States:

  • Bank drafts, cashier's checks, certified checks, personal checks and money orders must be drawn on U.S. financial institutions and payable in U.S. funds.
  • The fee should be made payable to U.S. Customs and Border Protection (CBP). CBP accepts credit cards at all CBP ports of entry that accept payment. 
  • Accepted cards include Visa®, Mastercard®, American Express®, and Discover® Network.
  • Updated application fee information can be found at U.S. Citizenship and Immigration Services website or by contacting the port of entry where you will be submitting your application.

Application Status Inquiries

Please allow at least 150 days from the date of submission of your Form I-212 before making an inquiry about the status of your application. A full review of your circumstances can take up to six months or longer. You may ask for an update by emailing aro.inquiry.waiver@cbp.dhs.gov. 

Attorneys or a properly designated representative may ask for an update by emailing aroattorneyinquirywaiver@cbp.dhs.gov.  Be sure to provide your full name and date of birth.

Address Changes

Please note that CBP decisions and requests for evidence or additional information will be sent to the address you provide on your application. Failure to respond to a CBP request can result in an application being denied. Hence, if you change your address while a Form I-212 application is pending with CBP, you should inform CBP of your new address. You can accomplish this update by sending a letter with your biographic information and both your old and new addresses to U.S. Customs and Border Protection, Admissibility Review Office, 22685 Holiday Park Dr. Sterling, Suite10, VA 20598-1234. You can also email updated information to aro.inquiry.waiver@cbp.dhs.gov.  Attorneys and other accredited representatives can notify the ARO on behalf of their clients by regular mail or by e-mail via aroattorneyinquirywaiver@cbp.dhs.gov .

 

Last Modified: Sep 11, 2023