I-212 Ins Toc

I212-007-INS-TOC-BiometricsRule-NPRM-05132020.docx

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

I-212 INS TOC

OMB: 1615-0018

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TABLE OF CHANGES – INSTRUCTIONS

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

OMB Number: 1615-0018

05/13/2020


Reason for Revision: Biometrics Rule

Project Phase: NPRM


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes

Expires 04/30/2020

Edition Date 4/27/2018



Current Page Number and Section

Current Text

Proposed Text

Pages 8-9,

General Instructions


[page 8]


Filing Fee. Each application must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.)


Biometric Services Fee. If you file this application with USCIS, you do not need to include a biometric services fee at the time you submit your application. If you are later notified that you must submit biometrics, you will receive a biometric services appointment notice with instructions on how to submit the additional biometric services fee. If you file this application with an agency other than USCIS, check with that agency to determine if and when you must submit a biometric services fee.


Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions and/or What Evidence Must You Submit sections of these Instructions.


Biometric Services Appointment


For Applicants Filing Form I-212 with USCIS. USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your application and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.










If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:




[page 9]


...

2. If you need extra space to complete any item within this application, use the space provided in Part 9. Additional Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.

[page 8]


Filing Fee. Each application must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.)


[deleted]














Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions and/or What Evidence Must You Submit sections of these Instructions.


Biometric Services Appointment


For Applicants Filing Form I-212 with USCIS. Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement.  USCIS currently exempts all Form I-212 applicants from this requirement unless USCIS or the Department of State notifies the applicant that biometrics are required. You will be notified of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometrics as required, USCIS may deny your application, petition, or request.


DHS may store the biometrics submitted by an individual and use or reuse biometrics to conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), verify identity, produce documents, determine eligibility for immigration and naturalization benefits, or to perform any other functions necessary for administering and enforcing immigration and naturalization laws, and any other law within DHS authority.  


If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:




[page 9]


2. If you need extra space to complete any item within this application, use the space provided in Part 8. Additional Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.

Pages 9-13,

Specific Instructions


[page 9]


Specific Instructions


Part 1. Information About You


If you need extra space to complete this section, use the space provided in Part 9. Additional Information.


Item Numbers 3.a. - 4.c. Other Names Used. Provide all other names you have ever used, including aliases, maiden name, and nicknames. If you need extra space to complete this section, use the space provided in Part 9. Additional Information.


[page 11]



Part 4. Biographic Information


Provide the biographic information requested in Part 4., Item Numbers 1. - 6. Providing this information as part of your application may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment section of these Instructions.


Item Numbers 1. - 2. Ethnicity and Race. Select the boxes that best describe your ethnicity and race.


Categories and Definitions for Ethnicity and Race


  1. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 4., Item Number 1.)


  1. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.


  1. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.


  1. Black or African American. A person having origins in any of the black racial groups of Africa.


  1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.


  1. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.


Item Number 3. Height. Select the values that best match your height in feet and inches. For example, if you are five feet and nine inches, select “5” for feet and “09” for inches. Do not enter your height in meters or centimeters.


Item Number 4. Weight. Enter your weight in pounds. If you do not know your weight, or need to enter a weight under 30 pounds or over 699 pounds, enter “000.” Do not enter your weight in kilograms.


Item Number 5. Eye Color. Select the box that best describes the color of your eyes.


Item Number 6. Hair Color. Select the box that best describes the color of your hair.



Part 5. Additional Information if Filing with CBP



[page 12]


Item Numbers 1.a. - 4.b. Address History. Provide physical addresses for everywhere you have lived during the last five years, whether inside or outside the United States. Also provide the dates of residence, indicating when you lived at the location listed. If you are unsure of the exact date, provide the closest approximate date to the best of your knowledge. Provide your current address first. If you need extra space to complete this section, use the space provided in Part 9. Additional Information.


Item Numbers 5. - 12.b. Employment History. Provide your employment history for the last five years, whether inside or outside the United States. Also provide the dates of employment. If you are unsure of the exact date, provide the closest approximate date to the best of your knowledge. Provide the most recent employment first. If you need extra space to complete this section, use the space provided in Part 9. Additional Information.



Item Numbers 27. - 40.c. Information About Your Marital History. If you have ever been married, provide information about your current marriage and any previous marriages. If you have had more than one previous marriage, use the space provided in Part 9. Additional Information to provide the information below.


Part 6. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature


Item Numbers 1.a. - 6.b. Select the appropriate box to indicate whether you read this application yourself or whether you had an interpreter assist you. If someone assisted you in completing the application, select the box indicating that you used a preparer. Further, you must sign and date your application and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every application MUST contain the signature of the applicant (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.


Part 7. Interpreter’s Contact Information, Certification, and Signature


Item Numbers 1.a. - 7.b. If you used anyone as an interpreter to read the Instructions and questions on this application to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the application.


Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant


Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your application, if other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 7. and Part 8. If the person who completed this application is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this application MUST sign and date the application. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your application is an attorney or accredited representative, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, along with your application.


Part 9. Additional Information


Item Numbers 1.a. - 7.d. If you need extra space to provide any additional information within this application, use the space provided in Part 9. Additional Information. If you need more space than what is provided in Part 9., you may make copies of Part 9. to complete and file with your application, or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.















[page 13]


We recommend that you print or save a copy of your completed application to review in the future and for your records. We recommend that you review your copy of your completed application before you come to your biometric services appointment at a USCIS ASC. At your appointment, USCIS will permit you to complete the application process only if you are able to confirm, under penalty of perjury, that all of the information in your application is complete, true, and correct. If you are not able to make that attestation in good faith at that time, USCIS will require you to return for another appointment.



[page 9]


Specific Instructions


Part 1. Information About You


If you need extra space to complete this section, use the space provided in Part 8. Additional Information.


Item Numbers 3.a. - 4.c. Other Names Used. Provide all other names you have ever used, including aliases, maiden name, and nicknames. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.


[page 11]



[deleted]












































































Part 4. Additional Information if Filing with CBP



[page 12]


Item Numbers 1.a. - 4.b. Address History. Provide physical addresses for everywhere you have lived during the last five years, whether inside or outside the United States. Also provide the dates of residence, indicating when you lived at the location listed. If you are unsure of the exact date, provide the closest approximate date to the best of your knowledge. Provide your current address first. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.


Item Numbers 5. - 12.b. Employment History. Provide your employment history for the last five years, whether inside or outside the United States. Also provide the dates of employment. If you are unsure of the exact date, provide the closest approximate date to the best of your knowledge. Provide the most recent employment first. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.



Item Numbers 27. - 40.c. Information About Your Marital History. If you have ever been married, provide information about your current marriage and any previous marriages. If you have had more than one previous marriage, use the space provided in Part 8. Additional Information to provide the information below.


Part 5. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature


Item Numbers 1.a. - 6.b. Select the appropriate box to indicate whether you read this application yourself or whether you had an interpreter assist you. If someone assisted you in completing the application, select the box indicating that you used a preparer. Further, you must sign and date your application and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every application MUST contain the signature of the applicant (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.


Part 6. Interpreter’s Contact Information, Certification, and Signature


Item Numbers 1.a. - 7.b. If you used anyone as an interpreter to read the Instructions and questions on this application to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the application.


Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant


Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your application, if other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 6. and Part 7. If the person who completed this application is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this application MUST sign and date the application. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your application is an attorney or accredited representative, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, along with your application.


Part 8. Additional Information


Item Numbers 1.a. - 7.d. If you need extra space to provide any additional information within this application, use the space provided in Part 8. Additional Information. If you need more space than what is provided in Part 8., you may make copies of Part 8. to complete and file with your application, or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.














[page 13]


We recommend that you print or save a copy of your completed application to review in the future and for your records.



Pages 15-16,

What Is the Filing Fee?


[page 15]


What Is the Filing Fee?


The filing fee for Form I-212 is $930.






NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.



[page 15]


What Is the Filing Fee?


The filing fee for Form I-212 is $930. If you receive a notice to appear for a biometric services appointment, you may also be required to pay the $85 biometric services fee.


NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.



Page 17,

Processing Information


[page 17]



Requests for Interview. We may request that you appear at a USCIS office for an interview based on you application. At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints, photograph, and/or signature to verify your identity and/or update background and security checks.


[page 17]



Requests for Interview. We may request that you appear at a USCIS office for an interview based on your application. At the time of any interview or other appearance at a USCIS office, we may require that you provide your biometrics to verify your identity and/or update background and security checks.



Page 17,

USCIS Privacy Act Statement

[Page 17]


USCIS Privacy Act Statement


AUTHORITIES: The information requested on this application, and the associated evidence, is collected under INA section 212(a)(9)(A) or (C).


PURPOSE: The primary purpose for providing the requested information on this application is to obtain consent from the Secretary to reapply for admission to the United Sates before you can lawfully return to the United States. DHS and DOJ will use the information you provide to grant or deny the immigration benefit you are seeking.


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



ROUTINE USES: DHS and DOJ may share the information you provide on this application with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows 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 you can find at www.dhs.gov/privacy. DHS and DOJ may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.

[Page 17]


DHS Privacy Notice


AUTHORITIES: The information requested on this application, and the associated evidence, is collected under INA section 212(a)(9)(A) or (C)


PURPOSE: The primary purpose for providing the requested information on this application is to obtain consent from the Secretary to reapply for admission to the United States before you can lawfully return to the United States. DHS will use the information you provide to grant or deny the immigration benefit you are seeking.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in denial of your application.


ROUTINE USES: DHS may share the information you provide on this application, and any additional requested evidence, with other Federal, state, local, and foreign government agencies and authorized organizations in accordance with approved routine uses, as described in the associated published system of records notices [DHS/USCIS/ICE/CBP- 001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 - Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessment [DHS/USCIS/PIA 016(a) Computer Linked Application Information Management System (CLAIMS 3) and Associated Systems] which can be found at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.


Page 18,

Paperwork Reduction Act

[page 18]

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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 2 hours and 20 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the application, preparing statements, attaching necessary documentation, and submitting the application. The collection of biometrics, if required, is estimated to require 1 hour and 10 minutes. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0018. Do not mail your completed Form I-212 to this address.


[page 18]


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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 2 hours and 20 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the application, preparing statements, attaching necessary documentation, and submitting the application. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0018. Do not mail your completed Form I-212 to this address.



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File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
AuthorMulvihill, Timothy R
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File Created2021-01-13

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