Table of Contents

PRA I-212 Table of Changes 2-2-07.doc

Application for Permission to Reapply for Admission into the United States after Deportation or Removal

Table of Contents

OMB: 1615-0018

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I-212

Old locations

Old

New

Title

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


I-212, Application for Consent to Reapply for Admission to the United States


Instructions


Page 1, Section 1


Persons Permitted to Reapply for Admission Without Filing This Application


A. Persons who were excluded from admission and removed or deported more than one year ago.


B. Persons who voluntarily departed from the United States without expense to the U.S. Government and without any order of removal or deportation having been entered.


C. Persons who have been outside the United States for five successive years following their last removal or deportation.


Persons who must obtain permission to reapply for admission to the United States.


You must file this application obtain permission to reapply for admission to the United States if:


  1. You are inadmissible under section 212(a)(9)(A)(i) of the Immigration & Nationality Act (INA), because you were removed or deported as an arriving alien under section 235(b)(1) or at the end of proceedings under section 240 initiated upon arrival in the United States (or departed while a removal or deportation order was in effect); and you are

  • Seeking admission to the United States again within 5 years of the only time you were removed or deported (or departed while a removal or deportation order was in effect).

  • Seeking admission the United Stats again within 20 years of a second or subsequent time you were removed or deported (or departed while a removal or deportation order was in effect).

  • Seeking admission to the United States again at any time after you were removed or deported (or departed while a removal or deportation order was in effect), if you have been convicted of any aggravated felony.

  1. You were inadmissible under section 212(a)(9)(A)(ii) of the INA because you were removed or deported (or departed while a removal or deportation order was in effect), in a manner not covered in section (a) above; and you are

  1. Seeking admission to the United States again within 5 years of the only time you were removed or deported (or departed while a removal or deportation order was in effect).

  2. Seeking admission the United Stats again within 20 years of a second or subsequent time you were removed or deported (or departed while a removal or deportation order was in effect).

  3. Seeking admission to the United States again at any time after you were removed or deported (or departed while a removal or deportation order was in effect), if you have been convicted of any aggravated felony.

  1. You are inadmissible under section 212(a)(9)(C)(i)(I) of the INA because you (1) were unlawfully present in the United States after April 1, 1997, for an aggregate period of more than 1 year, and (2) subsequently entered attempted to enter the United States without being admitted.

  2. You are inadmissible under section 212(a)(9)(C)(i)(II) of the INA because you (1) were removed or deported at any time (or departed while a removal or deportation order was in effect), and (2) subsequently entered or attempted to enter the United States on or after April 1, 1997 without being admitted.


Instructions


Page 1, part 2, entitled “Where to Submit Your Application”





Part II. Where to Submit Your Application.


  1. If you are abroad and intend to apply for an immigrant visa, submit the application to the District Director of U.S. Citizenship and Immigration Services (USCIS) of the district where your removal or deportation proceedings were held, unless you are concurrently applying for a waiver of inadmissibility under section 212(g), (h), or (i) of the Immigration and Nationality Act (INA), as amended. USCIS is comprised of offices of former Immigration and Naturalization Service.


  1. In the latter event, this application should be filed with the American Consul with whom you are filing your application for waiver of the grounds of inadmissibility. If you are abroad and intend to apply to an American Consul for a nonimmigrant visa or a border crossing card, this application should be filed with the American Consul with whom you are also filing your application for a nonimmigrant visa or border crossing card, if requested to do so by the Consul.


  1. If you are at a port of entry applying for admission into the United States, submit the application to the Department of Homeland security.


If you are in the United States and will file an application waiver under section 212(g),(h) or (i) of the INA with an American Consul, you should filed this application and the application for the waiver simultaneously with the American Consul.


If you are in the United States and are applying for adjustment of your status under section 245 of the INA, or are seeking to be granted advance permission to reapply prior to your departure from the United States, submit the application the USCIS District Director having jurisdiction over the place where you are residing.




Part II. Where to Submit Your Application.


  1. If you are abroad and intend to apply for an immigrant visa, submit the application to the District Director of U.S. Citizenship and Immigration Services (USCIS) of the district where your removal or deportation proceedings were held, unless you are concurrently applying for a waiver of inadmissibility under section 212(g), (h), or (i) of the Immigration and Nationality Act (INA), as amended.


  1. If you are abroad and intend to apply for an immigrant visa concurrently with an application for a waiver of inadmissibility under section 212(g), (h) or (i) of the INA, this application should be filed with the American Consul with whom you are filing your application for a waiver of the grounds of inadmissibility.


  1. If you are abroad and intend to apply to an American Consul for a nonimmigrant visa or a border crossing card, this application should be filed with the American Consul with whom you are also filing your application for a nonimmigrant visa or border crossing card, if requested to do so by the Consul.


  1. If you are at a port of entry applying for admission into the United States, submit the application to the Department of Homeland Security (DHS) field office having jurisdiction over that port.


  1. If you are in the United States and will file an application for a waiver under section 212(g), (h) or (i) of the INA with an American Consul, you should file this application and the application for the waiver simultaneously with the American Consul.


  1. If you are in the United States and are applying for adjustment of your status under section 245 of the INA, or are seeking to be granted advance permission to reapply prior to your departure from the United States, submit the application the USCIS District Director having jurisdiction over the place where you are residing.


  1. Haitian Refugee Immigrant Fairness Act Applicants.


If you have applied for adjustment of status under the Haitian Refugee Immigrant Fairness Act, and you also applied for advance parole (Form I-131) to travel while your application is pending, and your departure will execute a deportation or removal order that was entered against you, you should submit this Form I-212 and your Form I-131 to the Nebraska Service Center.


  1. Nicaraguan Adjustment and Central American Relief Act Applicants


If you have applied for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act, and you also applied for advance parole (Form I-131) to travel while your application is pending, and your departure will execute a deportation or removal order that was entered against you, you should submit this Form I-212 with your Form I-131 to the USCIS office having jurisdiction over where your adjustment application is pending.



Form


Page 1, Qn 7.

7. Circumstances under which deported or removed form the United States (Check applicable blocks)


Excluded and deported or removed (less than one year ago)

Arrested and deported or removed (less than five years ago)

Removed after having fallen into distress (less than five years ago)

Removed as alien enemy (less than five years ago)

Removed at U.S. Government expense in lieu of deportation (less than five years ago)

7. Please indicate why you need to obtain consent to reapply for admission (check all boxes that apply).


(a) I am inadmissible under section 212(a)(9)(A)(i) of the Act because you were removed or deported as an arriving alien under section 235(b)(1) or at the end of proceedings under section 240 initiated upon arrival in the United States (or departed while a removal or deportation order was in effect); and I am

Seeking admission to the United States again within 5 years of the only time you were removed or deported (or departed while a removal or deportation order was in effect).

Seeking admission the United Stats again within 20 years of a second or subsequent time you were removed or deported (or departed while a removal or deportation order was in effect).

Seeking admission to the United States again at any time after you were removed or deported (or departed while a removal or deportation order was in effect), if you have been convicted of any aggravated felony.


(b) I am inadmissible under section 212(a)(9)(A)(ii) of the INA because you were removed or deported (or departed while a removal or deportation order was in effect), in a manner not covered in section (a) above; and I am

Seeking admission to the United States again within 5 years of the only time you were removed or deported (or departed while a removal or deportation order was in effect).

Seeking admission the United Stats again within 20 years of a second or subsequent time you were removed or deported (or departed while a removal or deportation order was in effect).

Seeking admission to the United States again at any time after you were removed or deported (or departed while a removal or deportation order was in effect), if you have been convicted of any aggravated felony.


I am inadmissible under section 212(a)(9)(C)(i)(I) of the INA because you (1) were unlawfully present in the United States after April 1, 1997, for an aggregate period of more than 1 year, and (2) subsequently entered attempted to enter the United States without being admitted. The date of my most recent departure from the United States was (specify date).___


I am inadmissible under section 212(a)(9)(C)(i)(II) of the INA because you (1) were removed or deported at any time (or departed while a removal or deportation order was in effect), and (2) subsequently entered or attempted to enter the United States on or after April 1, 1997 without being admitted. The date of my most recent departure from the United States was (specify date).___


Form


Page 1, Qn 19.

19. Signature of Applicant.


19. (a) Since you were deported or removed from the United States, have you ever, at any time, returned to the United States?


Yes  No


(b) If your answer to question 19a was “Yes,” please provide the following information concerning each time you returned to the United States. Attach additional sheet(s) if necessary.


Date of Return Place of Return

_____________ ______________


Manner of Return Date of Departure

Inspected and admitted ______________

Inspected and paroled

Entered without admission

or parole



Feldman (RPM) 1-9-07

Page 3

File Typeapplication/msword
File TitleExplanation of Change: 1615-0023
Authorrasloan
Last Modified ByUSCIS
File Modified2007-02-02
File Created2007-02-02

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