Table of Changes

Table of Changes

Form I-212, Application for Permission to Reapply for

Admission Into the United States After Deportation or Removal

OMB Control No. 1615-0018

Changes to the Instructions	Currently on Form	Revised Changes
Page 1	Persons Permitted to Reapply for Admission Without Filing This Application. 1. Persons who were excluded from admission and removed or deported more than one year ago. 2. Persons who voluntarily departed from the United States without expense to the U.S. Government and without an order of removal or deportation having been entered. 3. Persons who have been outside the United States for five successive years following their last removal or deportation. 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 or Field Office Director of U.S. Immigration and Citizenship 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. 2. In the latter event, this application should be filed with the American Consul with whom you are filing your application for a waiver of the grounds of inadmissibility. If you are abroad and intend to apply to an American consul for a nonimmigrant visa or 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. 3. 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. If you are in the United States and will file an application for 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. If you are in the United States and are applying for adjustment of your status under section 245 of the INA, or seeking to be granted advance permission to reapply prior to your departure from the United States, submit the application to the USCIS District Director having jurisdiction over the place where you are residing. What Must Accompany Your Application? 1. Attach all correspondence that you have in your possession relating to your deportation or removal. 2. If you have listed any relative under Item 18 on the form, you must submit documentary evidence of your relationship to that person. In addition, if such person is a U.S. citizen, you must submit proof of his or her citizenship. If he or she is not a U.S. citizen, you must furnish such person's full name, date and place of birth and place of admission to the United States, and his or her Alien Registration Number (A#), if known. What Is the Filing Fee? The filing fee for Form I-212 is $545.00. The fee cannot be refunded, regardless of the action taken on the application. Do not mail cash. All fees must be submitted in the exact amount. Use the following guidelines when you prepare your check or money order for the Form I-212 fee: 1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and 2. Make the check or money order payable to U.S. Department of Homeland Security, unless: A. If you life in Guam and are filing your petition there, make it payable to Treasurer, Guam. B. If you live in the U.S. Virgin Islands and are filing your petition there, make it payable to Commissioner of Finance of the Virgin Islands. C. If you live outside the United States, Guam, or the U.S. Virgin Islands, contact the nearest U.S. consulate or embassy for instructions on the method of payment. Note: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS." Notice to Those Making Payment by Check. How to Check If the Fees Are Correct. The form fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below: 1. Visit our website at www.uscis.gov, [...] 2. Review the Fee Schedule included in your form package if you called us to request the form; or 3. Telephone our National Customer Service Center at 1-800-375-5283 Address Changes. If you change your address and have an application or petition pending if USCIS, you may change your address online at www.uscis.gov. Click on "Change your address with USCIS" and follow the prompts. You may also change your address by completing and mailing Form AR-11, Alien's Change of Address Card, to: U.S. Citizenship and Immigration Services Change of Address P.O. Box 7134 London, KY 40742-7134 For commercial overnight or fast freight services only, mail to: U.S. Citizenship and Immigration Services Change of Address 1084-I South Laurel Road London, KY 40744 Processing Information. Acceptance. Any application that is not signed or accompanied by the correct fee will be rejected with a notice that the application is deficient. You may correct the deficiency and resubmit the application. However, an application is not considered properly filed until accepted by USCIS. Initial Processing. Once the application has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form or file it without the required initial evidence, you will not establish a basis for eligibility and we may deny your application. Requests for More Information. We may request more information or evidence, or we may request that you appear at USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are not longer need. Decision. The decision on the Form I-212 involves a determination of whether you have established eligibility for the requested benefit. You will be notified of the decision in writing.	What Is the Purpose of This Form? An alien who is inadmissible under section 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA) files this Form to obtain the “consent to reapply for admission” that is required before the alien can lawfully return to the United States. “Consent to reapply” is also called “permission to reapply.” Why Do I Need This Form? Returning unlawfully, including returning without admission and returning without obtaining consent to reapply, may have consequences. If you are required to obtain consent to reapply but you enter without it, your removal order could be reinstated (INA section 241(a)(5)), you could be prosecuted in criminal court (INA section 276), permanently barred from admission to the United States (INA section 212(a)(9)(C)) or incur a new 10-year bar for purposes of INA section 212(a)(9)(C). Please see below for a detailed description of the grounds of inadmissibility and the consequences of failure to obtain consent to reapply for admission in "Detailed Description of INA sections 212(a)(9)(A) and (C) and INA section 276." Who Should File This Form? You should file this form if you are inadmissible under section 212(a)(9)(A), but not 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 8 CFR 245.23 or 245.24); or 3. 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. (If you are an applicant for a nonimmigrant visa at a U.S. consulate, and you are required to obtain consent to reapply because of your inadmissibility, the consulate with jurisdiction over your visa application will advise you how to request consent to reapply. You may not be required to file the Form I-212 in order to receive consent to reapply). If you are inadmissible under INA section 212(a)(9)(C) of the Act, you may file this form if you are: An applicant for an immigrant visa; or 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. (If you are an applicant for a nonimmigrant visa at a United States consulate, and you are required to consent to reapply because of your inadmissibility, the consulate with jurisdiction over your visa application will advise you how to request consent to reapply. You may not be required to file the Form I-212 in order to receive consent to reapply. If you are inadmissible under INA section 212(a)(9)C), you may NOT file this Form while you are in the United States. You cannot obtain consent to reapply under section 212(a)(9)(C)(ii) unless you are seeking admission to the United States more than 10 years after your last departure from the United States. This is why, you may not file this Form in conjunction with an adjustment-of- status application. Detailed Description of INA sections 212(a)(9)(A), 212(a)(9)(C) and INA section 276 1. INA Section 212(a)(9)(A) Note: You only have to file this form if you were actually removed from the United States. You are also deemed to have been removed if you depart or departed the United States on your own after an order of removal (whether administratively final or not) has been issued. A) Inadmissible Under INA section 212(a)(9)(A)(i) You need to file this form, if you seek to return to the United States during the period specified in INA section 212(a)(9)(A)(i) because: You were removed from the United States as an inadmissible alien through expedited removal proceedings under INA section 235(b)(1) that are initiated when you arrived at a port of entry; or You were removed from the United States as an inadmissible, arriving alien pursuant to INA section 240; that is, removal proceedings were initiated upon your arrival at a port of entry in the United States. The period specified in section 212(a)(9)(A)(i) during which you must obtain consent to reapply before you can apply for admission to the United States again is: 5 years, if you were only removed once; 20 years, if you were removed twice or more; Forever, if you were removed as an arriving alien, and if you are an alien who has been convicted of an aggravated felony (as defined in INA section 101(a)(43)). You are inadmissible forever, and 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. The paperwork you received during your removal proceedings should indicate under which provision, INA section 235(b)(1) or 240, you were removed as an arriving alien. You may have been removed under INA section 235(b)(1) or 240 after being present in the United States without having been admitted or paroled, or after an attempt to enter the United States without being inspected. In those instances, you are inadmissible under INA section 212(a)(9)(A)(ii). If the time has passed during which you are inadmissible under INA section 212(a)(9)(A)(i), you are no longer required to file this application. Also, once consent to reapply for admission is granted, the inadmissibility no longer applies. (b) Inadmissible under INA Section 212(a)(9)(A)(ii) You need to file this form if you seek to return to the United States during the period specified in section 212(a)(9)(A)(ii) because: You were removed from the United States as a deportable alien under INA section 240; or You were ordered removed under any other provision of U.S. law; You departed the United States on your own while an order of removal was outstanding, that is, after you were ordered removed and the government was able to remove you based on this order. The period specified in section 212(a)(9)(A)(ii), during which you must obtain consent to reapply before being able to apply for admission to the United States again, is: 10 years, if you were only removed once; 20 years, if you were removed twice or more; Forever, if you were convicted of an aggravated felony (as defined in INA section 101(a)(43)) and if you were removed under INA section 240 or any other provision of law. You are inadmissible forever, and 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 your removal from the United States. Removal under any provision of law includes, but is not limited to, an exclusion and deportation order under INA section 236 as it existed prior to April 1, 1997; arrest and deportation from the United States under any law prior to April 1, 1997; removal under INA section 217 for a violation of terms of admission of the Visa Waiver Program; removal under INA section 235(c) for security and related grounds; removal as a stowaway under INA section 235(a)(2); removal under INA section 238(b) after conviction of an aggravated felony; removal after revocation of the crewmember's landing permit under INA section 252(b); and removal as an alien in distress under INA section 250. The paperwork you received during your removal proceedings should indicate under which provision you were removed. If the time has passed during which you are inadmissible under INA section 212(a)(9)(A)(ii), you are no longer required to file this application. Once consent to reapply for admission is granted, the inadmissibility no longer applies. Note to Consequences of INA section 212(a)(9)(A)(i) and (ii) and Unlawful Entry: If you enter or attempt to enter the United States without being lawfully admitted, even after the expiration of the inadmissibility time period under INA section 212(a)(9)(A) has passed, you will make yourself inadmissible under INA section 212(a)(9)(C)(i)(II). Please see the detailed explanation for INA section 212(a)(9)(C) below. You may also be criminally liable under INA section 276 if you were still required to obtain consent to reapply and have not obtained consent to reapply, or your prior removal order may be reinstated under INA section 241(a)(5). 2. Inadmissible Under INA Section 212(a)(9)(C)(i). You need to file this form, if, on or after April 1, 1997, you enter or attempt to reenter the United States without being admitted after: You had been unlawfully present in the United States after April 1, 1997 for an aggregate period of more than 1; OR You have been removed under any provision of the INA or any other provision of law prior, on, or after April 1, 1997. If you are inadmissible under INA section 212(a)(9)(C)(i), you are permanently inadmissible and will always need to file for consent to reapply for admission BEFORE you return to the United States. Moreover, your application may not be approved until you have been physically outside the United States for 10 years since your most recent departure from the United States after you have become inadmissible. You cannot obtain consent to reapply while you are still in the United States. Each time you return or attempt to return to the United States without admission, you incur a new inadmissibility under INA section 212(a)(9)(C), and may not obtain consent to reapply unless you leave the United States, and then file this form after you have been abroad for at least 10 years since your most recent departure. With your application, you should submit proof that you have not been in the United States for 10 years since your last departure from the United States. If, after you have been abroad for at least 10 years, you file this form and it is granted, you will have the necessary consent to reapply for purposes of INA sections 212(a)(9)(A), 212(a)(9)(C), and 276. You must still, however, return to the United States lawfully by obtaining any required visa and by presenting yourself at a port of entry for inspection and admission. Note to nonimmigrants: If you are inadmissible under INA section 212(a)(9)(C)(i)(I)(unlawful presence and subsequent reentry without admission), you may be eligible for authorization to enter as a nonimmigrant pursuant to INA section 212(d)(3)(A) at any time and as an alternative to consent to reapply, but only if you wish to enter 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. 3. INA Section 276 Under INA section 276, an alien who has been removed from the United States and returns to the United States unlawfully and without consent to reapply may be subject to criminal prosecution, and if convicted, may be sent to prison. Your return to the United States, even with a visa, is unlawful if, because of your removal, you were required to obtain consent to reapply for admission before you returned to the United States and you did not obtain this consent to reapply. NOTE: If you were removed from the United States but you have remained outside the United States for the period of time specified in INA section 212(a)(9)(A)(i) or (ii) that applies to your case, you do not need to obtain consent to reapply any longer, and you will not be subject to criminal liability under section 276(a)(2)(B) if you return lawfully to the United States through a port of entry after obtaining any required visa. NOTE: Even if the consent to reapply period has expired, you may still be subject to criminal liability under section 276 if you return to the United States unlawfully, such as returning without being admitted, or by fraud, or any other unlawful means. Who Is Not Required To File This Form? You are not required to file for consent to reapply for admission to the United States as an immigrant or nonimmigrant, or when you adjust status, if: 1. You have been denied admission and ordered removed, and were inadmissible under INA section 212(a)(9)(A) but you have remained outside the United States for the entire period specified in INA section 212(a)(9)(A); 2. You are an applicant for nonimmigrant visa (other than K, and V nonimmigrant visa), or an applicant for Nonresident Border Crossing Card: In this situation, the consulate with jurisdiction over your visa application will advise you about how to request consent to reapply. Consent to reapply may be requested electronically in conjunction with the visa application; 3. You were allowed to withdraw your application for admission at the border and you departed the United States within the time specified for your departure; 4. You were refused entry at the border but not formally removed; 5. You were refused admission as an applicant under the Visa Waiver Program; 6. You had previously been unlawfully present in the United States in the aggregate of more than one year, or you were previously removed, but when coming to the border again, were paroled into the United States; 7. You received an order of voluntary departure from the immigration judge and departed the United States during the time period specified in the voluntary departure order; 8. You are an applicant for Registry pursuant to INA section 249. Waiver of Inadmissibility Other Than Through Consent to Reapply Instead of filing this form to obtain consent to reapply, you may obtain a waiver of inadmissibility if: 1. You are an applicant for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act (NACARA) section 202 or Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) section 902, and you file Form I-601, Application for Waiver of Grounds of Inadmissibility; 2. You are an applicant for adjustment of status in connection with any legalization program under INA section 245A or 210, and you file Form I-690, Application for Grounds of Inadmissibility under Sections 245A or 210 of the Immigration and Nationality Act; 3. You are an applicant for Temporary Protected Status (TPS) under INA section 244 and you file Form I-601, Application for Waiver of Grounds of Inadmissibility; 4. You are applying for T nonimmigrant status and you file Form I-192, Application for Advance Permission to Enter as Nonimmigrant, with your Form I-914, Application for T Nonimmigrant Status; 5. You have already received T nonimmigrant status and you are applying for adjustment of status under 8 CFR 245.23 and you file a Form I-601 under 8 CFR. 212.18; 6. You are applying for U nonimmigrant status and you file Form I-192, Application for Advance Permission to Enter as Nonimmigrant, with your Form I-918, Petition for U Nonimmigrant Status (once you acquire U nonimmigrant status, you do not need to file this form or a new waiver application when you apply for adjustment of status under 8 CFR 245.24); 7. You are an approved VAWA self-petitioner seeking adjustment of status, and you seek to waive inadmissibility under INA section 212(a)(9)(C). You should file Form I-601, Application for Waiver of Grounds of Inadmissibility. This waiver will be good only for inadmissibility under INA section 212(a)(9)(C). If you are also inadmissible under INA section 212(a)(9)(A), you should file Form I-212 as well as Form I-601. When Should You File This Application? Inadmissible Under INA section 212(a)(9)(A) If you have already been removed from the United States, you must file this application prior to your seeking to return to the United States. If you have been ordered removed but the removal order has not yet been executed by your departure from the United States, you may, under 8 CFR 212.2(j), file this form before you leave the United States according to the removal order. However, if the application is granted, the grant is conditioned upon your actual departure from the United States (so called "conditional approval"). If you are ordered removed again after approval of consent to reapply, you would have to file a new Form I-212 to obtain consent to reapply for admission after the later removal. Also, the conditional approval does not protect from any inadmissibility that will result from your departure. Refer to "Where To File?" to determine whether you qualify for the advanced, conditional approval of this application. If you are only inadmissible under INA section 212(a)(9)(A), you may qualify for a retroactive grant of consent to reapply. See 8 CFR 212.2(i). . Inadmissible Under section 212(a)(9)(C)(i) If you are inadmissible under INA section 212(a)(9)(C)(i), you cannot file this application until you have left the United States and have remained outside the United States for at least 10 years since your last departure and before you seek admission to the United States. Where to File? (See Appendix 1 to these instructions for a summary of the information below. Appendix 1 also details, which agency will process and adjudicate your application.) 1. With the U.S. Customs and Border Protection (CBP) A. An applicant for admission as a nonimmigrant who does not require a visa may apply for consent at a designated port of entry: Filing this application is generally done in person at a CBP designated Port of Entry or a CBP designated preclearance office. There are exceptions to the in person filing. It is recommended that you contact the CBP preclearance office or the CBP port of entry where you intend to be processed before submitting your application. To find a CBP designated port of entry or a CBP designated preclearance office and to obtain information on required documentation and processing procedures, please visit the CBP website at www.cbp.gov. You will be required to submit fingerprints. If you are filing in person, you will be fingerprinted when you submit your application. If you apply where there is an exception to the in-person filing requirement, you will be notified regarding arrangements for your fingerprinting. Generally, there is no additional charge. 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. 2. With a Consulate of DOS A. Applicants for Nonimmigrant Visa (other than K, T, U or V Visa Applicants) or applicants for Nonresident Border Crossing Cards: Consent to reapply is requested by a manner prescribed by the consular officer. See the US Consulate which has jurisdiction over your place of residence. B. Applicants for K or V Nonimmigrant Visa: Consent to reapply is requested by filing Form I-212 with the U.S. consulate having jurisdiction over the alien's place of residence. The consular officer will forward the form to the USCIS office with jurisdiction over the area within which the consulate is located. C. Applicant for Immigrant Visa where a concurrent waiver on Form I-601 (Under INA Section 212(g), (h), (i), or 212(a)(9)(B)(v)) must also be filed. File the application according to instructions given by the consular officer at the time of your visa interview. The application will be forwarded and adjudicated by USCIS' overseas office with jurisdiction over the consulate where you filed the application. For further processing information, please see "Processing Information". If you require more information before filing the form, please contact DOS and the U.S. consulate where your immigrant visa will be processed. You can find contact information for U.S. consulates on the Department of State's website at www.state.gov. If you require information after filing the form, please contact the USCIS office overseas with jurisdiction over the consulate where you filed the application. 3. With the U.S. Citizenship and Immigration Services (USCIS) A. Vermont Service Center a. Applicant for Adjustment of Status or Immigrant Visa based on an Approved VAWA Self-Petition (Form I-360) The application must be filed directly with USCIS at the Vermont Service Center. The address is: USCIS - Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479-0001 B. USCIS Field Office a. Applicant physically present in the United States, applying for adjustment of status with USCIS and inadmissible only under INA section 212(a)(9)(A): You have to file the application either concurrently with your application for adjustment of status (Form I-485), or at any time afterward. If you are filing Form I-212 together with Form I-485, you must file the Form I-485/I-212 at the filing location specified on Form I-485. See the filing instructions for Form I-485. If you are in the United States and your Form I-485 is currently pending, you must file Form I-212 with the USCIS field office or Service Center where your form is CURRENTLY pending. b. Applicant for Immigrant visa at the U.S. consulate but not required to file Form I-601, Application for Waiver of Grounds of Inadmissibility Pursuant to INA sections 212(g), (h), (i), or 212(a)(9)(B)(v): You must file the application with the Field Office having jurisdiction over the place where your deportation or removal proceedings were held. If you are inadmissible because you had previously accrued unlawful presence in the aggregate of 1year or more in the United States, you departed the United States and entered or attempted to reenter the United States without being admitted (INA section 212(a)(9)(C)(i)(I)), you may not have been in removal proceedings. In this case, you should file the application with the Field Office having jurisdiction over your intended place of residence in the United States. c. Aliens physically present in the United States seeking immigrant status but not eligible for adjustment of status (for reasons other than inadmissibility under INA Section 212(a)(9)(C)): You must file your application with the Field Office having jurisdiction over your place of residence. Note: If your application is approved, the approval is conditioned upon your departure from the United States. If you do not depart, the approval has no effect. 4. Executive Office for Immigration Review (EOIR) of the U.S. Department of Justice (DOJ) A. Applicant in Removal Proceedings: If your application for adjustment of status under INA section 245 has been filed, renewed, or is pending in a proceeding before the immigration judge, you should file Form I-212 according to the instructions provided to you in immigration court. For information about EOIR, please visit EOIR's website at www.usdoj.gov/eoir. 5. All Other Circumstances Not Listed Above If your current situation has not been mentioned above, but if you are required to file Form I-212, you must file the application with the USCIS Field Office which last exercised or is now exercising jurisdiction over your most recent proceedings. General Filing Instructions 1. When filling out the form, type or print legibly in black ink. 2. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet. 3. Answer all questions fully and accurately. If the answer is not applicable, write "N/A." If the answer is none, write "none." 4. Applicant's Signature. Pursuant to 8 CFR 103.2(a)(2), you must sign this application personally. A parent or legal guardian may also sign the application for someone under the age of 14, and a duly appointed legal guardian may sign for an adult who is incompetent to sign the application. 5. Preparer's Signature. If an individual other than you, the applicant, or a parent or legal guardian prepares the application, that individual must sign and date the application and provide the information requested. 6. Any documentation submitted that is in a foreign language or which contains foreign language, must be accompanied by a full and complete English translation. The translator must certify that he or she is fluent in English and in the language contained in the document, and that he or she is competent to translate from the foreign language into English. The translator must furthermore certify that the translation is complete and accurate. 7. If you submit court documents, police records, or criminal records, you should submit the originals or certified copies that are properly authenticated. 8. The application has to be signed by the applicant and submitted with the required fee. If the application is not properly signed and submitted with the required fee, the application will be returned as incomplete. 9. If you retained an attorney or counsel to file the application, the attorney or counsel must complete Form G-28, Notice of Entry of Appearance as Attorney or Representative. 10. Please ensure that you list a current and complete address, including a postal code. You may use a P.O. Box for mailing purposes; if you do, you still need to provide your current address where you physically reside. You may also list your current and complete address on all forms and correspondence you send. What Evidence Must Be Submitted With Your Application? You must submit the following evidence: 1. Attach copies of all correspondence and documentation that you have in your possession relating to your deportation or removal, if any. Retain the originals for your records. 2. If you have listed any relative under item 18 on the form, you must submit documentary evidence of your relationship to that person. In addition, if such person is a U.S. citizen, you must submit proof of his or her citizenship. If he or she is not a U.S. citizen, you must furnish such person's full name, date, and place of birth, and place of admission to the United States, and his or her Alien Registration Number (A-Number), if known. 3. If you are inadmissible under INA section 212(a)(9)(C): Submit evidence of your removal from the United States and/or unlawful presence in the United States, the date of your departure from the United States, any subsequent presence in the United States or attempt to enter the United States without being admitted, and evidence of your last departure from the United States. You may submit circumstantial evidence that relates to your departure and your absence from the United States for 10 consecutive years. Evidence may include, but is not limited to, documentation such as entry/exit stamps from other countries in your passport, airplane tickets, residence registration or information, etc. Any evidence will be considered and there is not a specific piece of evidence that you have to submit to proof your absence from the United States. 4. Additional Required Evidence When Applying With CBP at a Port of Entry: In addition to the evidence listed above, please submit the following: A. You must submit proof of citizenship and identity, such as a passport, citizenship card with photograph, naturalization certificate, or birth certificate. NOTE: A driver's license is not considered proof of citizenship, but it may accompany a copy of another document. B. Complete Form G-325A, Biographic Information, signed and dated by you. C. If you have ever used a name other than your full legal name as provided on the form: You must list any names ever used, including names from previous marriages. Evidence of legal name changes, such as marriage certificates, divorce decrees, etc., should be included. Copies are acceptable. D. Each application should contain your official police record, or evidence that no record exists, from your country of residence or nationality. This record is valid for 15 months from the date of the issuance for submission with your Form I-212. Canadian filers: You can obtain the above noted information from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C-216C. 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 application. For instructions, addresses, and payment information, please visit the RCMP website at: www.rcmp-grc.ca/. 5. Additional Evidence to Support Your Application: The approval of this application is in the discretion of the agency with jurisdiction to adjudicate the application. Appendix 1 details, which agency will adjudicate your application. Also, please see "Processing Information." If the approval of the application is discretionary, it means that the adjudicator will weigh favorable factors and unfavorable factors that are presented in your case to determine whether your application should be granted. You should submit as much evidence as possible that explains why you believe that your application should be granted because of the favorable factors, and why unfavorable factors should not carry as much weight as the favorable ones. Some favorable factors are: a. Close family ties in the U.S.; b. Unusual hardship to your U.S. citizen or lawful permanent resident relatives, yourself, or your employer in the United States; c. Evidence of reformation and rehabilitation; d. Length of lawful presence in the United States, and status held during that presence; e. Evidence of respect for law and order, good moral character, and family responsibilities or intent to hold family responsibilities; f. Absence of significant undesirable or negative factors; g. Eligibility for a waiver of other inadmissibility grounds; h. Likelihood that you will become a lawful permanent in the near future. Some unfavorable factors are: a. Evidence of moral depravity, including criminal tendencies reflected by an ongoing unlawful activity or continuing police record; b. Repeated violations of immigration laws, willful disregard for other laws; c. Likelihood of becoming a public charge; d. Poor physical or mental condition (however, a need for treatment in the U.S. for such condition would be a favorable factor); e. Absence of close family ties or hardships; f. Spurious marriage to a U.S. citizen for purpose of gaining an immigration benefit; g. Unauthorized employment in the United States; h. Lack of skill for which labor certification could be issued; i. Serious violation of immigration laws, which evidences a callous attitude without hint of reformation of character. Evidence that can be submitted in support of your application include but is not limited to: a. Affidavits from you or other individuals in support of your application; b. Evidence of family ties in the United States; c. Police reports from countries you lived in; d. Complete court records regarding conviction or charge from any country; e. If applicable, evidence of rehabilitation; f. Evidence you may wish to submit to establish that your admission to the United States would not be against national welfare or security; g. Medical reports; h. Employment records; i. Evidence of hardship to you, your relative(s) or other individuals that would result from the denial of this application; j. The impact of family separation; k.Country conditions to which your family would have to relocate if this application were denied; l. Any other evidence that you may wish to submit to show why you should be granted consent to reapply. Note: Your application should be supported by documentary evidence, or you should have a detailed explanation why such evidence cannot be obtained. Mere assertions (in a letter by you or others) will not suffice. Medical assertions should be supported by a professional's statement. Remember: If you are inadmissible under INA section 212(a)(9)(C), your application can only be approved if you have been physically outside the United States for ten years since your last departure from the United States. What Is the Filing Fee and How Should I Pay? The filing fee for this form is $545. DHS regulations at 8 CFR 103.7(c)(5) do not permit USCIS to waive this filing fee based on inability to pay. The fee cannot be refunded, regardless of the action taken on the application. All fees must be submitted in the exact amount. Do not mail cash. Use the following guidelines when you prepare your check or money order for Form I-212: 1. 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. 2. When applying with CBP at a port of entry: You must make your check or money order payable to U.S. Customs and Border Protection. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency. Certain CBP designated ports of entry and certain CBP designated preclearance offices may accept payment in the form of cash or credit cards. It is recommended that you contact the CBP preclearance office or CBP port of entry where you intend to be processed for payment instructions. If you are a Citizen of Palau, the Federated States of Micronesia, or the Marshall Islands: you may contact the nearest U.S. Embassy or consulate to receive payment instructions. 3. When applying with USCIS: Make the check or money order payable to U.S. Department of Homeland Security, unless: A. You live in Guam and are filing your petition or application there; in this case, make it payable to Treasurer, Guam. B. You live in the U.S. Virgin Islands and are filing your petition or application there: make it payable to the Commissioner of Finance of the Virgin Islands. C. You live outside the United States, Guam, or the U.S. Virgin Islands and are filing your petition or application where you live; in this case, contact the nearest U.S. Embassy or consulate of the U.S. Department of State on the method of payment. 4. When applying at the consular section of the U.S. Department of State (DOS): please contact the nearest U.S Embassy or consulate of the U.S. DOS on the method of payment. 5. When applying with EOIR during removal proceedings: If you are in removal proceedings, you should submit the payment as instructed by the court with jurisdiction over your case. For information about the EOIR, please visit EOIR's website at www.usdoj.gov/eoir. NOTE: Please spell out U.S. Department of Homeland Security or U.S. Customs and Border Protection, or follow closely the instruction you are given. Do not use the initials (such as "USDHS,", "DHS" or "CBP") unless otherwise instructed. Notice to Those Making Payments by Check to USCIS. [...] How To Check If the Fees Are Correct The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because fees change periodically, you can verify if the fees are correct by following one of the steps below: 1. Visit USCIS' website at www.uscis.gov, [...] 2. Review the Fee Schedule included in your form package, if you called USCIS to request the form; or 3. Telephone USCIS' National Customer Service Center at [...] Address Changes If You Filed Your Application With CBP: You may change your address by writing via regular mail to: U.S. Customs and Border Protection Admissibility Review Office, 7th Floor Mail Stop 1340 12825 Worldgate Drive Herndon, VA 20598 If You Filed Your Application With USCIS in the United States: If you change your address and you have an application or petition pending with USCIS, you may change your address online at www.uscis.gov. Click on "Change of Address" and follow the prompts. You may also change your address by completing and mailing Form AR-11, Alien's Change of Address Card, to: U.S. Citizenship and Immigration Services Change of Address P.O. Box 7134 London, KY 40742-7134 For commercial overnight or fast freight services only, mail to: U.S. Citizenship and Immigration Services Change of Address 1084-I South Laurel Road London, KY 40744 In addition to the above, you should notify the USCIS office where your application or petition is currently pending of your change of address. You can find contact information on the receipt notice that was sent to you or that you received for Form I-212. If you filed your application abroad with the U.S. consulate: If you change your address after you have submitted an application to the consulate in relation to your application for immigrant or nonimmigrant visa, you should notify the consulate and the USCIS overseas office of your address change in writing. If you filed your application to the EOIR: If you change your address after you have submitted an application to the EOIR because you are in removal proceedings, you should notify the EOIR in writing according to the instructions provided to you by the immigration court handling your removal case. Processing Information Note: If this application is approved, the approval is only valid for those grounds of inadmissibility that you included in the application. You should specify on this form every ground of inadmissibility under INA section 212(a)(9)(A) or (C) that applies to you. You may file just one application and pay just one filing fee, even if you request consent to reapply for inadmissibility under more than one ground provided in INA section 212(a)(9)(A) or (C). If you omit a ground under INA section 212(a)(9)(A) or (C) that applies to you, you may need to file an additional Form I-212 and pay an additional fee to request the approval for consent to reapply. Acceptance. Any application that is not signed or accompanied by the correct fee will be rejected with a notice that the application is deficient. You may correct the deficiency and resubmit the application. However, an application is not considered properly filed until accepted by the office to which you submitted it. Initial Processing. Once the application has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form or file it without the required initial evidence, you will not establish a basis for eligibility and your application may be denied. Requests for More Information. Any agency may request more information or evidence, or can request that you appear at an agency's office for an interview. It can also request that you submit the originals of any copy. Originals will be returned when they are no longer needed. Decision If you are an applicant for nonimmigrant visa (other than K, T, U or V visa applicants), or for a nonimmigrant border crossing card at the U.S. consulate: CBP/ARO will inform the consular officer whether consent to reapply is granted, and whether nonimmigrant visa issuance is authorized. The consular officer will advise you of the decision regarding your application for the nonimmigrant visa. All inquiries must be directed to the consular officer at the American consulate where you applied for the nonimmigrant visa. If you are an applicant seeking admission as nonimmigrants at a CBP port of entry: CBP/ARO will make a decision on your application. You will be notified in writing of the decision. The decision will be mailed to the address provided on the application. Status inquiries are made via e-mail at the following address: [email protected]. Attorneys should address their e-mail inquiries to: [email protected]. You should wait until after more than 90 have passed from submission of your application before making a status inquiry. Please refer to the CBP website at www.cbp.gov for further information. If you are an applicant for K or V nonimmigrant status, or if you are an applicant for an immigrant visa who is also required to file Form I-601, Application for Waiver of Grounds of Inadmissibility: The application will be forwarded to the USCIS overseas office with jurisdiction over the consulate's location. You will receive a decision in writing. If you need more information after filing the form, please contact the USCIS overseas office with jurisdiction over the area where the consulate is located.You should also be contacted by the DOS, consular section where you applied for your visa once a decision on the application has been made. Once the decision has been made on the application, your visa application will be finalized by the consular officer. If you are an individual applying for adjustment of status based on an approved VAWA self-petition: Your case will be adjudicated by the Vermont Service Center. If you have any questions, you should write to the Vermont Service Center at the following address: USCIS - Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479-0001 If you submit your application to the EOIR while you are in removal proceedings: The immigration court will make a decision on your application in connection with the relief you seek from removal. If you have questions or concerns, please contact the court with jurisdiction over your proceedings directly. You can find contact information on EOIR's website at www.usdoj.gov/eoir. If you are an applicant for an immigrant visa but did not have to file Form I-601, or for cases in any category not mentioned above: The USCIS Field Office with jurisdiction over your application will adjudicate the application and notify you of the decision in writing at the address you provided in the application. If you have any questions about your case, please call the toll-free number at 1-800-375-5283 or visit the USCIS website at www.uscis.gov. Denial of the Application: If your application (Form I-212) is denied, you may appeal the decision to the Administrative Appeals Office (AAO) of USCIS, as provided in 8 CFR 103.3 and 212.2(h). You will be informed about how to submit an appeal. Your appeal must be first submitted to the director who made the decision in your case. NOTE: There is no appeal of a decision to deny an application for nonimmigrant visa or nonimmigrant border crossing card. How Long is An Approved Form I-212 Valid? If you application is granted, the permission will be valid indefinitely, unless revoked by the agency that granted the approval. If an approved Form I-212 is obtained for nonimmigrant purposes, it is also valid for future immigrant or nonimmigrant purposes. If you become inadmissible under INA section 212(a)(9)(A) or (C) after the approval of this form, the approval does not overcome these grounds of inadmissibility.
Changes to the Form		For Government Use Only Section (Moved up to the top of the page)
Page 1	Top of the Form: (To be filed in duplicate) Date: (mm/dd/yyyy) I request permission to reapply for admission into the United States.	Applicants Start Here (To be filed in duplicate) Part I. INFORMATION ABOUT YOU
Page 1, Items 1 through 6(b)	1. Name(Last)(First)(Middle) 2. File Numbers on correspondence from U.S. Citizenship and Immigration Services (USCIS) or former Immigration and Naturalization Service (INS)(if known) 3. Name used when last deported or removed from the U.S. 4. Date of Birth 5. Other names used or known by 6a. Place of Birth (city or town; state or province; and country) 6b. Country of Citizenship/Nationality	Last Name First Name Middle Name A-Number (if known) Other names used or known by Name used when last deported or removed from the United States Country of Citizenship or Nationality Date of Birth Place of Birth (City or Town) State Province Country
Page 1	7. Circumstances under which deported or removed from 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 an enemy alien. (less than five years ago) ___ Removed at U.S. Government expense in lieu of deportation (less than five years ago) 13. Date of deportation or removal from United States (mm/dd/yyyy)	PART II. REASON FOR FILING THIS FORM I am inadmissible from the United States for the following reason(s) and no others: I have been removed as an arriving alien in expedited removal proceedings pursuant to INA section 235(b)(1), or I was removed at the end of proceedings under INA section 240 as an arriving alien. (INA section 212(a)(9)(A)(i)). __ I have only been removed once and less than five years ago; __ I have been removed at least twice or more and my last removal was less than twenty years ago; __ I have been convicted of an aggravated felony (in the United States or elsewhere, before or after my removal from the United States). I have been removed as a deportable alien under INA section 240 or any other provision of the law, or I departed the United States while an order of removal was outstanding (INA section 212(a)(9)(A)(ii)). ___ I have only been removed once and less than ten years ago. ___ I have been removed twice or more and my last removal was less than twenty years ago; ___ I have been convicted of an aggravated felony (in the United States or elsewhere, before or after my removal from the United States). ___ ○ I entered or attempted to enter the United States without being admitted or paroled after having been removed (INA section 212(a)(9)(C)(i)(I)). Specify date of last departure from the United States after having become inadmissible. (Attach evidence that demonstrates the date of your last departure from the United States and that you have remained outside the United States for 10 years): __________________________________. ○I entered or attempted to enter the United States without being admitted or paroled after having been unlawfully present in the United States for period of more than one year, in the aggregate (INA section 212(a)(9)(C)(i)(I)). Specify date of last departure from the United States after having become inadmissible:(Attach evidence that demonstrates the date of your last departure from the United States and that you have remained outside the United States for ten years) ___________________________________
Page 1, Items 8 through 14	8. Length of residence in the United States (years) 9. Place of residence at the time of deportation or removal from United States (city and state) 10. Place deportation hearing held or application for removal made (city) 11. Country to which deported or removed 12. Detention Facility or jail where detailed (city or state)(if not detained, write (None)) 13. Date of deportation or removal from the United States (mm/dd/yyyy) 14. Port of departure from the United States	PART III. INFORMATION ABOUT YOUR REMOVAL/DEPORTATION and DEPARTURE Date of deportation or removal from the United States : ____________ If you have not been in removal proceedings, date of last departure from the United States (Attach evidence):________________________ Length of residence in the United States (years): _________________________ Place of residence at time of deportation or removal from United States (city and state):_____________________________ Place deportation or removal hearing held or application for removal made (city and state):________________________ Country to which deported or removed: ______________________________ Detention facility or jail where detained (city and state)(If not detained, write "None") Port/location of departure from the United States: ______________________
Page 1, Item 15 through 18	15. Status desired if permitted to re-enter the United States □ Permanent Resident □Visitor □Student □Other (specify) 16. Reasons for desiring to re-enter the United States 17. Location of American Embassy/Consulate where application for visa will be made (city and country) 18. Name and relationship of U.S. citizen or lawful permanent resident alien spouse, parent or children (if any)	PART IV. REASON FOR YOUR REQUEST FOR PERMISSION TO REAPPLY Status desired if permitted to reenter the United States: □ Permanent Resident □ Visitor □ Student □ Other (specify): _____________ Reasons for desiring to re-enter the United States: ______________________________________________________________________ Location of American Embassy/Consulate where application for visa is or will be made (city and country): _______________________ Name and relationship of U.S. citizen or lawful permanent resident alien spouse, parent or children, if any
Page 1, Item 19 and 20	19. Signature of the Applicant 20. Street and number, city or town; state or province; and country of present residence	APPLICANT'S SIGNATURE and CERTIFICATION I certify under penalty of perjury under the laws of the United States that this application and the evidence submitted with it are all true and correct to the best of my knowledge and abilities. I authorize the release of any information from my records that the U.S. Citizenship and Immigration Services (USCIS) or any other agency adjudicating this application needs to determine my eligibility for the benefits sought with this application. Signature of Applicant or Legal Guardian Date of Signature Applicant's Street Address (You must provide a physical address) City State Zip Code Province P.O. Box (if applicable) State Province Country Applicant's Telephone Number Applicant's Mobile Telephone Number Applicant's E-mail Address (if any)
Page 1, Item 21	21. Signature of person preparing form, if other than applicant. 21. I declare that this document was prepared by me at the request of the applicant and is based on all information of which I have any knowledge. (Signature) (Address) (Date)	PREPARER'S SIGNATURE and CERTIFICATION (if other than applicant) I declare that this document was prepared by me at the request of the applicant or legal guardian of the applicant, and that it is based on all information of which I have knowledge and/or was provided to me by the above named person in response to the exact questions contained on this form. I have not knowingly withheld any information. Preparer's Signature Date of Signature Preparer's Street Address City State Zip Code Province Country P.O. Box (If applicable) City State Province Country Preparer's Phone Number Preparer's Mobile Phone Number Preparer's E-mail Address (if any)

New Appendix 1 to Instructions:

Appendix 1

Scenario	Office with Jurisdiction to Accept the Filing	Source	Office with Jurisdiction to Adjudicate
Applicant for nonimmigrant visa (other than K, T, U, or V) or nonresident border crossing card abroad	American Consulate (with jurisdiction over the alien’s place of residence according to the manner prescribed by the consular officer)	8 CFR 212.2(b)	Customs and Border Protection (CBP) (consular officer forwards recommendation for consent to reapply and visa issuance to CBP/Admissibility Review Office (ARO) for decision)
Applicant for admission as a nonimmigrant who is not required to obtain a visa	Customs and Border Protection (CBP) (with the CBP designated port of entry or designated CBP preclearance office)	8 CFR 212.2(f)	Customs and Border Protection (CBP)/ Admissibility Review Office (ARO)
Nonimmigrant visa applicants under INA section 101(a)(15)(K) and (V)	American Consulate (with jurisdiction over the alien's place of residence)	8 CFR 212.2(c)	USCIS/International Office (The consular officer must forward the form to the Service Office with jurisdiction over the area within which the consul is located.)
Applicant for immigrant visa in need of concurrent waiver under INA section 212(g), (h), (i), or 212(a)(9)(B)	American Consulate (jurisdiction over the alien's place of residence)	8 CFR 212.2(d)	USCIS International Office (The consular officer must forward the forms to the appropriate USCIS office with jurisdiction over the area within which the consul is located.)
Applicant for adjustment of status based on an approved VAWA self-petition (Form I-360)	USCIS/ Vermont Service Center	INA Section 212(a)(9) (A)	USCIS/Vermont Service Center
Applicants for adjustment of status, only subject to INA section 212(a)(9)(A) (irrespective of need of Form I-601)	USCIS Office (with jurisdiction over the adjustment of status application)	8 CFR 212.2(e)	USCIS Office (with jurisdiction over over the adjustment of status application)
Applicant for immigrant visa and waiver pursuant to INA section 212(g), (h), (i), or 212(a)(9)(B)(v) not required	USCIS/Field Office (with jurisdiction over the place where the alien's deportation or removal proceedings were held) If the applicant is inadmissible under INA section 212(a)(9)(C)(i)(I): The application is filed with the USCIS Field Office with jurisdiction over the intended place of residence in the United States of the alien.	8 CFR 212.2(d)	USCIS Field Office (with jurisdiction over the place where the deportation or removal proceedings were held)
Alien is physically present in the United States but not eligible for adjustment of status because of inadmissibility under INA section 212(a)(9)(C).	An alien may not file the application until the alien has departed the United States and until he or she has resided abroad for 10 years since the alien's last departure. Once the 10-year requirement is satisfied, the individual may apply; jurisdiction is determined 1) according to the principles outlined above for individuals outside the United States, AND 2) based on whether the individual's need for a waiver pursuant to INA section 212(g), (h), (i), or 212(a)(9)(B)(v).	Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006) and Matter of Briones, 24 I&N Dec. 355 (BIA 2007)
Aliens physically present in the United States but in removal proceedings* * Note: If the alien is put into proceedings after having filed Form I-212 with USCIS, the USCIS office should forward the application to EOIR location with jurisdiction over the alien's removal proceedings	Executive Office for Immigration Review (EOIR) (with jurisdiction over the removal proceedings)	8 CFR 212.2(e); March 31, 2005 memorandum, William R. Yates, EOIR Processing	Executive Office for Immigration Review (EOIR) (with the office having jurisdiction over the alien's removal proceedings)
The alien is seeking conditionally granted advance permission to reapply for admission prior to departure and is inadmissible only under INA section 212(a)(9)(A) (irrespective of whether another waiver under section 212(g), (h), (i), or 212(a)(9)(B) is needed)	USCIS/Field Office (with jurisdiction over the place where the alien is residing)	8 CFR 212.2(j)	USCIS/Field Office (with jurisdiction over the place where the alien is residing)
All other circumstances not listed above
USCIS/ Field Office (with jurisdiction over the place where deportation or removal proceedings were held, or with the Field Office Director who exercised or is exercising jurisdiction over the applicant's most recent proceedings)	8 CFR 212.2(g) (i) and (ii)	USCIS/Field Office

35