Form I-212 Explained

If you were deported and not admissible to the United States, it can be a stressful situation that feels without a solution. However, you can file a Form I-212 and just wait and see whether you will be permitted to go back to the States or not. In this article, you will learn everything you need to know about Form I-212 and how to file it.

What Is Form I-212?

Form I-212 is also known as an application for permission to reapply for admission into the United States. More often than not, people need to apply for permission to enter the States after they’ve been deported.

So, whoever needs to come back to the United States can file Form I-212. Through this, you will pretty much be asking the government of the States to legally allow you to return.

Thus, keep in mind that you need to file this for consent to reapply, and it doesn’t serve as a reapplication itself.

Who Needs Form I-212?

People who need this form are often aliens who were deported or removed from the United States and now want to legally go back. Basically, these aliens have violated the law by immigrating and are now inadmissible from getting a visa to go back to the States.

People who have been found inadmissible under either section 21a(a)(9)(A) or 212(a)(9)(C) can apply for this form. The individual who applies has to be outside the U.S. and stay there for a while to be eligible for this form. Otherwise, being inadmissible under another law section will require you to file a different form.

Difference Between I-212 and I-212(a)(9)(C)?

I-212(a)(9)(C) is applicable to aliens who have been discovered violating immigration laws or have been present in the U.S. illegally. Becoming inadmissible to the United States under the I-212(a)(9)(C) means that you will be permanently barred, which will immediately force you to file Form I-212 for the right to apply once again.

The difference is that I-212 is a form, whereas I-212(a)(9)(C) is just a section of the Immigration and Nationality Act (INA).

Types of Inadmissibility

There are various types of inadmissibility that you may be facing, depending on the reason for your removal or deportation from the United States. Knowing your period of inadmissibility will help you know how the Form I-212 proceedings should go. Here are the types of inadmissibility you may be facing:

Five-Year Bar

A five-year bar applies for a single offense and from the day you were removed from the United States. Basically, you will be inadmissible for a period of five years if you were removed upon United States arrival. It can also apply if you were in proceedings upon arrival, and the immigration judge has ordered your removal.

Ten-Year Bar

Just like the five-year bar, the ten-year bar applies for a single offense. Basically, you are subjected to ten-year inadmissibility when you left the States out of your own will, before the end of the removal proceedings. Also, you can deal with a ten-year bar when you enter the U.S. and were only placed in removal proceedings later. The bar applies from the removal date.

Twenty-Year Bar

When you get to a twenty-year bar, things are a little more difficult. It applies for multiple offenses, meaning that you were basically removed from the States more than once. You have a twenty-year bar to reentry, which applies from the date you were removed.

Permanent Bar

A permanent bar applies when you are convicted of a very bad felony, which will make you unable to get a visa unless you file Form I-212. In some cases, you might be barred under Section 212(a)(9)(C) of the Immigration and Nationality Act.

Bear in mind that even if you are married to someone who’s a resident of the United States, you will have to wait 10 years to file the form.

Common Scenarios that Can Result in Permanent Barring

Usually, permanent barring could happen because you were either removed from the States yet you’ve tried to enter it illegally, or if you stood in the U.S. illegally and then left. These are the most commonly found situations when people are getting permanent barring from the U.S.

Form I-212 Requirements

In order to file Form I-212, you will have to submit some documentation along with the actual I-212 document. With that being said, here are the documents you should provide with the submission:

• If you have retained an authorized representative, you will have to bring Form G-28 too.
• Make sure you provide proof of your citizenship too.
• In case you file an older version of Form I-212, then you should complete and sign Form G-325A and bring it as well. Concurrently, the newest versions of I-212 don’t need Form G-325A, so in those cases it will not be asked for.
• Some people might have a criminal record in another country’s court system, so if it applies to you, bring a copy of it. If you don’t bring the copy, provide an official letter from the court of jurisdiction. The court should mention in the letter why they aren’t able to offer a copy of the criminal record.
• You will also need an official court record copy that shows conviction, plea indictment, and deposition for all the crimes you’ve committed, no matter where they happened.
• Electronically captured fingerprints or a fingerprint card FD-258 will be required too. When you submit Form I-212, you will have to complete these fingerprint documents with a U.S. CBP Officer.
• Canadian citizens will have to submit their fingerprints on Form C-216C is they want to obtain a copy of their criminal record. The information can be obtained from the Royal Canadian Mounted Police (RCMP). Just keep in mind that the records and the returned Civil Product has to not only be endorsed by the RMCP, but you will also have to submit it within 15 months with your Form I-212.

How to Complete Form I-212

Form I-212 has to be completed very carefully, especially if you want to be taken seriously and not have the process delayed by rejection. If you’re confused by all the things you will have to introduce in the form, here are some instructions on how to complete the form.

Basic Information About Yourself

This section is quite easy, as all you have to complete is some information about yourself. The section will ask you for your full name, as well as potential other names that you use. An Alien Registration Number will be asked for as well before you have to write your full name.

Other things you will be asked for in this section are your gender, Social Security Number, mailing and physical address, place, and date of birth, and USCIS Online Account Number. Once you complete these, you also have to write your country of nationality or citizenship.

The following item numbers will be:

1. Consent to Reapply Filed with Immigrant or Nonimmigrant Visa Applications
2. Consent to Reapply Filed with Adjustment of Status Applications
3. Consent to Reapply Filed with Form I-601, Waiver of Grounds of Inadmissibility

Your Reasons for Filing the Form

In the following section, you will have to state your reasons for filing Form I-212. The reasons could be entry after removal, removal as a deportable alien, removal as an arriving alien, and entry after unlawful presence in the aggregate of 1 year.

Your Reasons for Requesting Permission to Reapply

Why do you need permission to reapply? This will have to be stated in the 3rd section of the form. In the item numbers provided, you will have to talk about the immigration status you wish for, as well as your reason for wanting to enter the U.S. again.

Also, if it applies, you will have to give the names of your U.S. citizen or lawful permanent resident family members.

Biographic Information of the Applicant

Obviously, this section will ask you for your biographic information. This will include things such as ethnicity and race, height, hair and eye color, and weight.

Additional Data for CBP Filing

If you file with CBP, then you will have to provide some additional information in this section. This includes things like marital history information, information about your parents, employment history, and address history.

Contact Information of the Applicant

You have to give some contact information here, like your phone number and email address. Also, some people read the application with an interpreter, so if this applies to you, select the rightful box indicating this.

As an applicant, you have to sign your form. Make sure it’s not a typewritten or stamped one, as it will not be accepted.

Contact Information of the Interpreter

In case you had to use an interpreter to help you understand and complete the form, make sure that your interpreter will provide their contact information too. They will have to give an email and phone number, together with their name and address of their organization/business.

Contact Information of Other Person than the Applicant Completing the Form

If you’re the applicant, yet you had another person file the form for you, then they will, just like yourself and the interpreter, bring their own private information. They will have to complete both part 7 (the interpreter part) and part 8, as they acted as a preparer. Not to mention, they have to sign the document as well.

Telephone numbers and an email address will be required from this person as well. In addition, if the helper is an accredited representative or attorney, they have to submit a G-28I or G-28 form with your application too. Just don’t forget that having an immigration attorney will mean you also have to pay immigration attorney fees.

Where to File Form I-212

Knowing where to apply this form is important, as submitting it in the wrong location will cause it to be rejected.

People who are now in removal proceedings can check the filing instructions that the court has given them. In the Form I-212 section, there should be Direct Filing Addresses where you can send your form.

If you are someone who files this form with the U.S. Customs and Border Protection (CBP), then you have to send it to a different location. Basically, you can file electronically, which is a huge advantage. Filing electronically could happen through the Electronic Secured Adjudication Forms Environment (e-SAFE).

For manual filing, you can go to CBP as there are special posts of entry. Preclearance spots are available as well. For any information about filing Form I-212, you can also check the official CBP website.

Conversely, applying at the Lockbox is possible too, so make sure you read the lockbox filing tips provided by USCIS if you want to file at a USCIS Lockbox facility.

Form I-212 Filing Fee

The filing fee for Form I-212 is $930. Keep in mind that this amount of cash is non-refundable. You’re agreeing to pay for services offered by the government, so even if you withdraw your application or it’s rejected, you won’t get your money back.

You can pay through multiple methods but bear in mind that cashier’s checks, personal checks, bank drafts, certified checks, and money orders have to be payable in U.S. money. So, make sure that your payment method is valid and you can pay in U.S. funds too. It also has to be drawn on U.S. financial institutions.

CBP ports of entry can be used with multiple credit cards, such as Mastercard, American Express, Visa and Discover Network.

Form I-212 Processing Time

Processing times are not exact for all people. They may vary depending on the situation. On average, though, the process could take about 4 months with the USCIS. Sometimes, it could be shorter, and sometimes it could be longer than that.

Conclusion

Form I-212 can be very helpful in case you were deported or removed from the U.S., and now want to obtain a visa and return. In this post, you were able to learn more about how to apply, what the requirements are, and what the barring times are. In case you still need information, you can check our website. We are always open to helping our audience, whether it’s on this form, on I-751 attorney fees, or anything of the sort.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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