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

OMB No. 1615-0018; Exp. 09/30/2012
Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions for Form I-212, Application for Permission to Reapply
for Admission Into the United States After Deportation or Removal
Instructions
Submit application in duplicate.

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 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."

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 file this form if you are:
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.

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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?

NOTE to applicants who are outside of the United States and
applying for an immigrant visa: you should only file this form
if a consular officer has found you inadmissible pursuant to

212(a)(9)(A) or (C) of INA.

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).

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

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:
1. 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
2. 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 (12/08/11) Y

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.

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.

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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:
1. You were removed from the United States as a
deportable alien under INA section 240; or
2. You were ordered removed under any other
provision of U.S. law; or

3. 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

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).

Form I-212 Instructions (12/08/11) Y Page 2

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
B. You had been removed under any provision of the
INA or any other provision of law before, on, or after
April 1, 1997.

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.

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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 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

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 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
Form I-212 Instructions (12/08/11) Y Page 3

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;
or
8. You are an applicant for Registry under 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:

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.

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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;

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; or

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.

General Filing Instructions

1. When filling out the form, type or print legibly in black
ink.

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);

2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.

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. 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.

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. A copy of a signed application or a typewritten
name in place of a signature is not acceptable.

3. Answer all questions fully and accurately. If the answer is
not applicable, write "N/A." If the answer is none, write
"none."

Form I-212 Instructions (12/08/11) Y Page 4

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.

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.

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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 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?
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.

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/.

Form I-212 Instructions (12/08/11) Y Page 5

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.

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:

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Some favorable factors are:

A. Affidavits from you or other individuals in support of
your application;

A. Close family ties in the United States;

B. Evidence of 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. Police reports from countries you lived in;

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;

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;

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;

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.
Form I-212 Instructions (12/08/11) Y Page 6

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)
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 CBP-designated
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.

B. Applicant for Immigrant Visa who is Outside the
United States and Who Also Requires a Waiver of
Inadmissibility (Form I-601): You may request both
the waiver and consent to reapply for admission to the
United States after you have attended your visa
interview at a U.S. consulate and after a consular
officer has found you inadmissible. You must file Form
I-212 together with Form I-601, Application for
Waiver of Grounds of Inadmissibility. You must send
both forms together to the USCIS Phoenix Lockbox
facility at the address listed below:
USCIS
P.O. Box 21600
Phoenix, AZ 85036

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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 (DOS) to receive
instructions on where and how to submit this form.

Express Mail or commercial courier delivery services:
USCIS
ATTN: 601/212 Foreign Filers
1820 E. Skyharbor, Circle S, Suite 100
Phoenix, AZ 85034

C. Vermont Service Center

Applicant for Adjustment of Status or Immigrant
Visa based on an approved VAWA Self-Petition
(Form 1-360). 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

D. USCIS Field Office

2. With a Consulate of the DOS

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.
3. With U.S. Citizenship and Immigration Services
(USCIS)

A. Applicant for K or V Nonimmigrant Visa: You may
request consent to reapply for admission to the United
States after you have attended your visa interview at a
U.S. consulate and after a consular officer has found
you inadmissible. You must file Form I-212 with the
USCIS Phoenix Lockbox facility at the address listed
below.

1. 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.
2. Applicant for Immigrant visa at the U.S.
consulate but not required to file Form I-601.
You must file the application with the Field Office
Director having jurisdiction over the place where
your deportation or removal proceedings were held.
Form I-212 Instructions (12/08/11) Y Page 7

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.
3. 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.

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.

DRAFT
NOT
FOR
PRODUCTION
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.
If you have any questions regarding the filing of these
forms, please contact our National Customer Service
Center at 1-800-375-5283. If you live outside of the
United States please note that you may have to dial an
international code to access the National Customer
Service Center and that your calls may not be toll free.

4. Executive Office for Immigration Review (EOIR) of the
U.S. Department of Justice (DOJ)
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.
6. Special Circumstances
USCIS may accept a filing of Form I-212 at other locations
as USCIS may designate in special situations.USCIS will
post the eligible special circumstance and the alternative
filing location on the Form I-212 entry page at www.
USCIS.gov/i-212. Please consult that page if you wish to
file Form I-212 at a location other than one listed above.

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: Use the following
guidelines when you prepare your check or money order
for the Form I-212 fee:
A. 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

B. Make the check or money order payable to U.S.
Department of Homeland Security.

NOTE: Spell out U.S. Department of Homeland
Security; do not use the initials “USDHS” or “DHS."
4. If you are a VAWA Self-petitioner or filing under section
101(a)(15)(T) (T visa), 101(a)(15)(U) (U visa), 106
(battered spouse of A, G, E-3, or H nonimmigrant), 240A
(b)(2) (battered spouse or child of a lawful permanent or
U.S. citizen), or 244(a)(3) (Temporary Protected Status),
of the Act (as in effect on March 31, 1997), you may be
eligible for a fee waiver for this form based upon your
inability to pay the fee. You may submit a written fee
waiver request or Form I-912 and any required evidence of
your inability to pay the fee with this form. You can
review the fee waiver guidance at www.uscis.gov.
Form I-212 Instructions (12/08/11) Y Page 8

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.

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.

Notice to Those Making Payment by Check.

Do not submit a change of address request to the USCIS
Lockbox facilities because the USCIS Lockbox facilities do
not process change of address requests.

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.

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.

DRAFT
NOT
FOR
PRODUCTION

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.
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. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

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 have changed your address, you must inform USCIS of
your new address. For information on filing a change of
address go to the USCIS Web site at www.uscis.gov/
addresschange or contact the National Customer Service
Center at 1-800-375-5283.

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 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 (12/08/11) Y 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.

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.

DRAFT
NOT
FOR
PRODUCTION

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 and also
required to file Form 1-601, Application for Waiver of
Grounds of Inadmissibility: USCIS will adjudicate your
application. You will receive a decision in writing. The DOS
consular section where you applied for your visa will contact
you 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 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.
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

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

You can get USCIS forms and immigration-related
information on the USCIS Web site at www.uscis.gov. You
may order USCIS forms by calling our toll-free number at
1-800-870-3676. You may also obtain forms and information
by telephoning our USCIS National Customer Service Center
at 1-800-375-5283.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
the USCIS Internet-based system, InfoPass. To access the
system, visit the USCIS 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.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this request, we will deny
the benefit you are filing for, and may deny any other
immigration benefit.
In addition, you will face severe penalties provided by law,
and may be subject to criminal prosecution.
Form I-212 Instructions (12/08/11) Y Page 10

USCIS Privacy Act Statement
AUTHORITIES: The information requested on this form,
and the associated evidence, is collected under the
Immigration and Nationality Act, section 101, et seq.
PURPOSE: The primary purpose for providing the requested
information on this form is to determine if you have
established eligibility for the immigration benefit for which
you are filing. The information you provide will be used to
grant or deny the benefit sought.

DRAFT
NOT
FOR
PRODUCTION

DISCLOSURE: The information you provide is voluntary.
However, failure to provide the requested information, and
any requested evidence, may delay a final decision or result in
denial of your form.

ROUTINE USES: The information you provide on this form
may be shared with other Federal, State, local, and foreign
government agencies and authorized organizations following
approved routine uses described in the associated published
system of records notices [DHS-USCIS-007 - Benefits
Information System and DHS-USCIS-001 - Alien File, Index,
and National File Tracking System of Records, which can be
found at www.dhs.gov/privacy]. The information may also
be made available, as appropriate, for law enforcement
purposes or in the interest of national security.

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, Office of the Executive Secretariat,
20 Massachusetts Ave., N.W., Washington, DC 20529-2020.
OMB No. 1615-0018. This form expires September 30, 2012.
Do not mail your application to this address.

Form I-212 Instructions (12/08/11) Y Page 11

APPENDIX 1

Scenario
Applicant for
nonimmigrant visa (other
than K, T, U, or V) or
nonresident border
crossing card abroad

Office Where the
Application Is Filed
U.S. Consulate with jurisdiction over
the alien's place of residence according
to the manner prescribed by the
consular officer

Source

Office Where the
Application Is Adjudicated

8 CFR 212.2(b) U.S. 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.

DRAFT
NOT
FOR
PRODUCTION

Applicant for admission
as a nonimmigrant who
is not required to obtain
a visa

U.S. Customs and Border Protection
(CBP) with the CBP-designated port of
entry or designated CBP preclearance
office

8 CFR 212.2(f)

U.S. Customs and Border Protection
(CBP)/Admissibility Review Office
(ARO)

Nonimmigrant visa
applicants under INA
section 101(a)(15)(K)
and (V)

USCIS Phoenix Lockbox

8 CFR 212.2(c) USCIS Nebraska Service Center

Applicant for immigrant
visa in need of concurrent
waiver filed on Form
I-601

USCIS Phoenix Lockbox

8 CFR 212.2(d) USCIS Nebraska Service Center

Applicant for adjustment
of status based on an
approved VAWA selfpetition (Form I-360)

USCIS Vermont Service Center

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

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

Applicant for immigrant
visa and waiver on Form
I-601 not required

USCIS Field Office with jurisdiction
over the place where the alien's
deportation or removal proceedings
were held

8 CFR 212.2(d) USCIS Field Office with jurisdiction over
the place where the deportation or removal
proceedings were held

USCIS Vermont Service Center

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.

Form I-212 Instructions (11/17/11) Y Page 12

APPENDIX 1 (Cont'd)
Scenario

Office Where the
Application Is Filed

Source

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.

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

Once the 10-year requirement is
satisfied, the individual may apply;
jurisdiction is determined:

Office Where the
Application Is Adjudicated

DRAFT
NOT
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PRODUCTION
1. According to the principles outlined
above for individuals outside the
United States, and

2. Based on the individual's need for a
waiver filed on Form I-601

Alien physically present in Executive Office for Immigration
Review (EOIR) with jurisdiction over
the United States but in
the removal proceedings
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.

8 CFR 212.2(e); Executive Office for Immigration Review
March 31, 2005 (EOIR) with the office having jurisdiction
memorandum, over the alien's removal proceedings
William R.
Yates, EOIR
Processing

USCIS Field Office with jurisdiction
The alien is seeking
8 CFR 212.2(j)
over the place where the alien is residing
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)
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

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

8 CFR 212.2(g) USCIS Field Office
(i) and (ii)

Form I-212 Instructions (11/17/11) Y Page 13