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

DRAFT
Instructions for Form I-212, Application for Permission to Reapply
OMB No. 1615-0018; Exp. 07/31/2011

Department of Homeland Security
U.S. Citizenship and Immigration Services

for Admission Into the United States After Deportation or Removal
Instructions

Submit application in duplicate.

What Is the Purpose of This Form?

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

An alien who is inadmissible under section 212(a)(9)(A) or
(C) of the Immigration and Nationality Act (INA) files Form
I-212 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."

1.

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 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
From I-212 in order to receive consent 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 10year 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), 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:
a. 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
b. You were removed from the United States as an
inadmissible, arriving alien under INA section 240;
that is, removal proceedings were initiated upon your
arrival at a port of entry in the United States.

Form I-212 Instructions (Rev. 08/20/10)N

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:
1.

5 years, if you were only removed once;

2.

20 years, if you were removed twice or more;

3.

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 provisions, INA section 235(b)(1)
or section 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:
a. You were removed from the United States as a
deportable alien under INA section 240; or
b. You were ordered removed under any other provision
of U.S. law; or
c. 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:
1.

10 years, if you were only removed once;

2.

20 years, if you were removed twice or more;

3.

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). 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
entered or attempted to reenter the United States without
being admitted after:
a. You had been unlawfully present in the United States after
April 1, 1997 for an aggregate period of more than 1 year;
or

Form I-212 Instructions (Rev. 08/20/10)N Page 2

b. You had 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.

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?

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.

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:

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.

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);

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 under 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.

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 U.S. 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 vias 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 1 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 under INA section 249.

Form I-212 Instructions (Rev. 08/20/10)N Page 3

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 section 244 of the Act, 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 From 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 returning to the United
States.
If you have been ordered removed but the removal order has
not 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 under the removal order. However, if
the application is granted, the grant is conditioned upon your
actual departure from the United States (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 you
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 INA 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 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 recommend
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 CBPdesignated port of entry or a CBP-designated
preclearance office and to obtain information on
required documentation and processing procedures,
visit the CBP Web site at www.cbp.gov.
Form I-212 Instructions (Rev. 08/20/10)N Page 4

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 inperson 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 (DOS) to receive instructions on
where and how to submit this form.
2. With a Consulate of the 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 U.S. consulate which has
jurisdiction over your place of residence.
B. Applicant 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. You
must 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 the USCIS overseas office with
jurisdiction over the consulate where you filed the
application. For further processing information, 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 Web site 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.

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 must 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, Under INA
sections 212(g), (h), (i), or 212(a)(9)(B)(v): You
must file the application with the Field Office Director
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 1 year or
more in the United States, and 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 Director 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 Director having
jurisdiction over your place of residence.

3. With U.S. Citizenship and Immigration Services
(USCIS)
A. Vermont Service Center

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.

a. Applicant for Adjustment of Status or Immigrant
Visa based on an approved VAWA Self-Petition (Form I-360)
Form I-212 Instructions (Rev. 08/20/10)N Page 5

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 an
immigration judge, you should file Form I-212 according
to the instructions provided to you in immigration court.
For information about EOIR, visit EOIR's Web site 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 Director who last
exercised or is now exercising jurisdiction over your most
recent proceedings.

8. The application must 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?

General Filing Instructions
1. When filling out the form, type or print legibly in blue or
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. Under 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 14 years
of age, 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.

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 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 must submit to prove your absence from
the United States.

Form I-212 Instructions (Rev. 08/20/10)N Page 6

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. Completed 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 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
From I-212 application. For instructions, addresses, and
payment information, please visit the RCMP Web site 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 United States;
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
resident 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 United States 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;

Form I-212 Instructions (Rev. 08/20/10)N Page 7

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 10 years
since your last departure from the United States.

What Is the Filing Fee?
The filing fee for Form I-212 is $585.
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 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 CBPdesignated 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 Federal States of
Micronesia, or the Marshall Island; 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. If you live 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. Embassy
or consulate for instructions on the method of
payment.
4. When applying at the consular section of the U.S.
Department of State (DOS): You must contact the
nearest U.S. Embassy or consulate of the DOS on the
method of payment.
5. When applying with EOIR during removal
proceedings: If you are in removal proceedings, you must
submit the payment as instructed by the court with
jurisdiction over your case. For information about
EOIR, please visit EOIR's Web site at www.usdoj.gov/
eoir.
NOTE: Spell out U.S. Department of Homeland Security,
or U.S. Customs and Border Protection. Do not use the
initials "USDHS," "DHS," or "CBP" unless otherwise
instructed.
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.
You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.

Form I-212 Instructions (Rev. 08/20/10)N Page 8

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 fees change periodically, you can verify if the fees are
correct by following one of the steps below:
1. Visit our Web site at www.uscis.gov, select "Check
Filing Fees" to check the appropriate fee;
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 and ask for the fee information.

Address Changes

If You Filed Your Application Abroad With the U.S.
Consulate:
If you change your address after you have submitted an
application with the consulate in relation to your application
for immigrant or nonimmigrant visa, you should notify the
U.S. consulate and the USCIS overseas office of your address
change in writing.
If You Filed Your Application With EOIR:
If you change your address after you have submitted an
application with EOIR because you are in removal
proceedings, you should notify EOIR in writing according to
the instructions provided to you by the immigration court
handling your removal case.

Processing Information

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 "Online 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.

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 the 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 it is accepted by the office in which you
submitted your application.
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.

Form I-212 Instructions (Rev. 08/20/10)N Page 9

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
U.S. consulate where you applied for the Nonimmigrant Visa.
If you are an applicant seeking admission as a
nonimmigrant 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 email at the following address: [email protected].
Attorneys should address their e-mail inquiries to:
[email protected]. You should wait until
after more than 90 days have passed from submission of your
application before making a status inquiry. Please refer to the
CBP Web site 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 has been made on the application.
Your visa application will then 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 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 Web site 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 your
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.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations, and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our Web site at www.uscis.gov.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

If you submit your application to 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 Web site
at www.usdoj.gov/eoir.

Form I-212 Instructions (Rev. 08/20/10)N Page 10

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this Form I-212, we will
deny the Form I-212 and may deny any other immigration
benefit.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies.
Failure to provide this information, and any requested
evidence, may delay a final decision or result in denial of
your Form I-212.

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 2 hours per response,
including the time for reviewing instructions and completing
and submitting the form. Send comments regarding this
burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden,
to: U.S. Citizenship and Immigration Services, Regulatory
Products Division, 111 Massachusetts Avenue, N.W., 3rd
Floor, Suite 3008, Washington, DC 20529-2210. OMB No.
1615-0018. Do not mail your application to this address.

Form I-212 Instructions (Rev. 08/20/10)N Page 11

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

U.S. 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).
The consular officer must forward
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)

U.S. 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 USCIS Office with jurisdiction
over the area within which the consul is
located.

Applicant for immigrant
visa in need of concurrent
waiver under INA section
121(g), (h), (i), or 212(a)
(9)(B)

U.S. Consulate with 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 selfpetition (Form I-360)

USCIS Vermont Service Center

INA Section 212
(a)(9)(A)

USCIS Vermont Service Center

Applicant 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
the adjustment-of-status application

Form I-212 Instructions (Rev. 08/20/10)N Page 12

APPENDIX 1 (Cont'd)

Scenario
Applicant for immigrant
visa and waiver under INA
section 212(g), (h), (i), or
212(a)(9)(B)(v) not required

Office With Jurisdiction to Accept
the Filing
USCIS Field Office with
jurisdiction over the place where the
alien's deportation or removal
proceedings were held

Source
8 CFR 212.2(d)

Office With Jurisdiction to Adjudicate
USCIS Field Office with
jurisdiction over the place where the
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 alien's intended
place of residence in the United
States.
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:

Matter of Torres Garcia, 23 I&N
Dec. 866 (BIA
2006) and Matter
of Briones, 24
I&N Dec. 355
(BIA 2007)

1. According to the principles
outlined above for individuals
outside the United States, and
2. Based on the individual's need for
a waiver under INA section
212(g), (h), (i), or 212(a)(9)(B)(v).

Form I-212 Instructions (Rev. 08/20/10)N Page 13

APPENDIX 1 (Cont'd)

Scenario

Office With Jurisdiction to Accept
the Filing

Alien 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 the EOIR
location with jurisdiction
over the alien's removal
proceedings.

Executive Office for Immigration
Review (EOIR) with jurisdiction
over the 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

All other circumstances not USCIS Field Office with
listed above
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

Source
8 CFR 212.2(e);
March 31, 2005
memorandum,
William R. Yates,
EOIR Processing

Office With Jurisdiction to Adjudicate
Executive Office for Immigration
Review (EOIR) with the office
having jurisdiction over the alien's
removal proceedings

8 CFR 212.2(j)

USCIS Field Office with
jurisdiction over the place where the
alien is residing

8 CFR 212.2(g)(i)
and (ii)

USCIS Field Office

Form I-212 Instructions (Rev. 08/20/10)N Page 14