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

Forms and Documents

Document Name	Status
Form I-212 Application for Permission to Reapply for Admission into the United States after Deportation or Removal Form	Modified
I212-INS-TOC-04242018.docx Supplementary Document	2018-04-24
I212-FRM-TOC-04242018.docx Supplementary Document	2018-04-24
FRM I212 ExtRev 30day FRN_19JUN2017.pdf Supplementary Document	2017-06-22
FRM I212 60DayFRN_9MAR2017.pdf Supplementary Document	2017-06-22
SORN 007 BIS 81FR72069_19OCT2016.pdf Supplementary Document	2017-06-22
SORN 001 A File_78 FR 69864_21NOV2013.pdf Supplementary Document	2017-06-22
PIA-056 ELIS_17MAY2016.pdf Supplementary Document	2017-06-22
PIA-016a CLAIMS 3 and Associated Systems_25MAR2016.pdf Supplementary Document	2017-06-22
PAS USCIS-I-212, 20170404, Final.pdf Supplementary Document	2017-06-22
I212-FRM-30Day-TOC-06292017.docx Supplementary Document	2017-06-29
PTA USCIS - Form I-212 20170209 PRIV Final.pdf Supplementary Document	2017-06-22
SS 1615-0018 I-212 with GW comments_USCISresp_28JUN2017.doc Supporting Statement A	2017-06-29
I212-INS-30Day-TOC-06292017.docx Supplementary Document	2017-06-29
Reference citation 8 U.S.C. 1182.docx Supplementary Document	2015-05-04
Reference Citation- USCODE-2011-title8-chap12-subchapI-sec1103.pdf Supplementary Document	2015-05-04
Reference Citation 2011.doc Supplementary Document	2015-05-04

IC Document Collections

IC ID	Document Title	Status
227270	I-212, CBP Filings	New
214844	Biometrics	Modified
20269	Application for Permission to Reapply for Admission into the United States after Deportation or Removal Form	Modified

ICR Details

OMB Control No: 1615-0018	ICR Reference No: 201706-1615-006
Status: Historical Active	Previous ICR Reference No: 201610-1615-029
Agency/Subagency: DHS/USCIS	Agency Tracking No: Form I-212
Title: Application for Permission to Reapply for Admission into the United States after Deportation or Removal
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/27/2018
	Date Received in OIRA: 06/30/2017
Terms of Clearance: Approved for two years only due to partial GPEA compliance.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2020	36 Months From Approved	04/30/2018
Responses	4,365	0	5,260
Time Burden (Hours)	8,674	0	10,437
Cost Burden (Dollars)	538,334	0	758,520

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Abstract: Sections 212(a)(9)(A) and 212(a)(9)(C) of the Immigration and Nationality Act (Act) render an alien inadmissible to the United States unless he or she obtains the consent to reapply (also known as permission to reapply) for admission to the United States. An alien who is inadmissible under these provisions has either been removed (deported, or excluded) from the United States, or illegally reentered after having been removed (deported, or excluded), or illegally reentered after having accrued more than one year of unlawful presence in the United States. The information collection required on an Application for Permission to Reapply for Admission into the United States After Deportation or Removal, Form I-212, is necessary for U.S. Citizenship and Immigration Services (USCIS) to determine whether the applicant is eligible to file the waiver. If the application is approved, the alien will be permitted to apply for admission to the United States, after being granted a visa with the Department of State (DOS) as either an immigrant or a nonimmigrant.

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Authorizing Statute(s): US Code: 8 USC 1182 Name of Law: US Code
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 13128	03/09/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 27853	06/19/2017
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Biometrics
Application for Permission to Reapply for Admission into the United States after Deportation or Removal	I-212	Application for Permission to Reapply for Admission into the United States
I-212, CBP Filings

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,365	5,260	0	-895	0	0
Annual Time Burden (Hours)	8,674	10,437	0	-1,763	0	0
Annual Cost Burden (Dollars)	538,334	758,520	0	-220,186	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: There has been a decrease (1,646 annual burden hours) in the annual burden hours previously reported for this information collection. This change can be attributed to a decrease in the number of respondents due to the fact that applications postmarked on or after December 23, 2016, must include the new $930 fee to file the I-212 from $585 or risk rejection of the applicant’s submission. The increase in public cost is due to DHS increasing the fee for the Form I-212. DHS adjusted the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). The fee schedule was last adjusted on November 23, 2010. USCIS conducted a comprehensive fee review for the fiscal year (FY) 2016/2017 biennial period and determined that the previous fee of $585 did not recover the full cost of services provided. DHS determined that adjusting the fee schedule was necessary to fully recover costs and maintain adequate service and raised the fee to $930. DHS published the fee schedule via final rule on October 24, 2016 (81 FR 73292). In increase also is affected by the inclusion of the 82 applicants using the Form I-212 for filing with the Customs and Border Patrol (CBP), for whom the expected time to adjudicate the form is a 2.33-hour estimate. These additional applicants are subject to the filing fee of $930 and biometrics fee of $85 (as applicable) and the associated cost burden associated with a 20 minute increase to complete the form.

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Annual Cost to Federal Government: $3,966,450

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/30/2017

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