Form I-212 explained: Application for Permission to Reapply for Admission into the United States After Deportation or Removal

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form I-212's official title is Application for Permission to Reapply for Admission into the United States After Deportation or Removal, commonly called "permission to reapply" or "consent to reapply." It is mainly decided by U.S. Citizenship and Immigration Services (USCIS); in certain nonimmigrant situations it is decided by U.S. Customs and Border Protection (CBP); and in removal proceedings it is handled according to the immigration court's instructions. People who were deported or removed from the United States, or who left after a removal order took effect, must obtain this permission before coming back within the statutory period — whether they are seeking a green card or certain nonimmigrant visas.

It is important to understand that the I-212 is not a "waiver." The USCIS Policy Manual clearly distinguishes "permission to reapply for admission" from waivers: where the law requires permission, a waiver (such as the I-601) cannot substitute for it. Many people who were removed also have other issues, such as unlawful presence or misrepresentation; in those cases the I-212 often has to be used together with the I-601 (or I-601A), and both the order and the place of filing are critical.

At a glance

Legal basis: two grounds of inadmissibility

INA 212(a)(9)(A): people previously removed

To return within these periods, you must first obtain the Department of Homeland Security's consent to reapply — that is, the I-212 (INA 212(a)(9)(A)(iii)). Once the period expires, this ground no longer applies, and no I-212 is needed.

INA 212(a)(9)(C): the "permanent bar"

The following two groups fall under 212(a)(9)(C) if they later enter or attempt to enter the United States without inspection:

• People who left after accumulating more than 1 year of unlawful presence in the United States;
• People who were ordered removed (whether or not the order was carried out).

This inadmissibility has no fixed expiration date, which is why it is commonly called the "permanent bar." The only general way out is to remain outside the United States for 10 years after the last departure, and then apply on the I-212 before seeking readmission (INA 212(a)(9)(C)(ii)). Under the I-212 instructions, 212(a)(9)(C) applicants cannot file the I-212 from inside the United States, nor before completing 10 years abroad. Each unlawful reentry creates a new ground of inadmissibility. VAWA self-petitioners have a separate waiver route under certain conditions (through the I-601).

The difference from 212(a)(9)(B) (the 3-year / 10-year bars): (9)(B) addresses "departure after unlawful presence" and can be waived through the I-601 or I-601A; (9)(C) addresses "unlawful reentry after more than 1 year of unlawful presence or after removal," and cannot be waived through the I-601A. Many people confuse the two, with serious consequences.

Who needs to file, and who does not

Under the form instructions, the following applicants may file the I-212 if they need permission:

• Immigrant visa applicants (processing a green card through a U.S. embassy or consulate);
• People adjusting status inside the United States under INA 245 (except certain T and U categories);
• People who do not need a visa and seek nonimmigrant admission directly at a port of entry (such as Canadian citizens) — filed with CBP;
• Nonimmigrant visa applicants — the consulate usually tells them whether it is needed and how to proceed.

Situations the form instructions list as generally not requiring an I-212 include:

• The 212(a)(9)(A) period has already expired;
• You were permitted to withdraw your application for admission at the port of entry and departed as required, or you were simply refused admission without being formally removed;
• You departed within the required period under a voluntary departure order;
• Certain categories, such as people applying for registry under INA 249 and U visa holders adjusting status under 8 CFR 245.24 (follow the form instructions);
• Humanitarian categories such as Temporary Protected Status (TPS) have their own specific rules; whether an I-212 is needed follows the form instructions.

The voluntary departure deadline, and the difference between withdrawal of an application for admission and expedited removal, often can only be determined from the documents issued at the time. Be sure to first find out exactly which situation applies to you by obtaining your immigration file (for example, through a FOIA request; see G-639).

Where to file: by situation

Using the I-212 together with the I-601 or I-601A

Scenario 1: green card from abroad, with a prior removal and another ground

For example: a person who was unlawfully present in the United States for two years was ordered removed by an immigration court and removed to their home country (212(a)(9)(A)(ii), 10 years), and is also subject to the 10-year unlawful presence bar (212(a)(9)(B)). After the I-130 filed by their U.S. citizen spouse is approved, they are found inadmissible on both grounds at the consular interview. They then need an I-212 (for the removal) plus an I-601 (for the unlawful presence, requiring extreme hardship to a qualifying relative), and the two applications are usually filed together. Approval of only one of them does not solve the problem.

Scenario 2: in the United States, with a removal order, planning to use the I-601A

One of the I-601A eligibility requirements is that a person with a final removal order must first obtain I-212 permission before filing the I-601A. For this situation, 8 CFR 212.2(j) allows a person in the United States who is subject to 212(a)(9)(A) and preparing to depart to apply for an immigrant visa to apply to USCIS for conditional approval of the I-212 before departing. The order is generally:

1. The underlying immigrant petition (such as an I-130) is approved and the case reaches the NVC stage;
2. File the I-212 with USCIS and obtain conditional approval;
3. File the I-601A and obtain approval;
4. Depart (the removal order is considered executed by the departure), at which point the I-212 approval takes effect;
5. Attend the consular interview.

Note: conditional approval applies only to 212(a)(9)(A), not to 212(a)(9)(C); if 212(a)(9)(C) or another ground is discovered after departure, the earlier approvals will not help. If a new removal order is issued before departure, you must apply again. Cases involving pending removal proceedings or a reinstated removal order are even more complex. This combination is high-risk; decide only after an attorney has fully reviewed your record.

Scenario 3: adjustment of status inside the United States

A small number of people who were removed and later entered lawfully (for example, on a visa) may need an I-212 when adjusting status inside the United States, sometimes involving retroactive (nunc pro tunc) permission. But if the later entry was without inspection, the person often falls under 212(a)(9)(C), which cannot be resolved inside the United States. Board of Immigration Appeals decisions such as Matter of Briones (2007) and Matter of Torres-Garcia (2006) confirm that people subject to 212(a)(9)(C) cannot avoid the 10-year wait abroad by adjusting status inside the United States.

Discretionary factors: what USCIS looks at

Whether an I-212 is approved is entirely discretionary. Based on precedents such as Matter of Tin and Matter of Lee and on the form instructions, the officer weighs:

Positive factors:

• Close family members in the United States (especially U.S. citizen or green card holder relatives);
• Hardship that a denial would cause to U.S. citizen or green card holder relatives, the applicant, or a U.S. employer;
• Evidence of rehabilitation, good moral character, and respect for law;
• Length and status of any prior lawful residence;
• Family responsibilities;
• Eligibility for any other waivers needed;
• Likelihood of obtaining a green card soon.

Negative factors:

• The reason for removal, its seriousness, and how long ago it occurred;
• Criminal record and poor moral character;
• Repeated violations of immigration or other laws;
• Fraud such as a sham marriage;
• Unauthorized employment;
• Likelihood of becoming a public charge;
• Lack of family ties or hardship.

Tips for completing the form

Following the current edition, the I-212 roughly covers the following. When filling it out, note:

• Applicant information: include all other names used and your A-Number; if processing an immigrant visa abroad, enter the Department of State consular case number and the consulate.
• Reason for applying: check whether 212(a)(9)(A) or (9)(C) applies to you, and whether you are also filing an I-601. Checking the wrong box directly affects acceptance.
• Removal and entry history: the date, place, and manner of every entry, refusal of admission, removal, and departure must be accurate and consistent with government records. This is what the officer uses to decide which provision applies.
• Reasons for requesting permission: explain the discretionary factors, usually in a separate detailed statement.
• Additional information when filing with CBP: applications filed with CBP have a dedicated section to complete.
• Signature: if the family name or mailing address is missing, or the form is unsigned, USCIS will reject it outright.

Evidence and documents to prepare

• Copies of all documents related to removal, deportation, or exclusion, and related correspondence (keep the originals);
• Proof of family relationships, and proof of status of U.S. citizen or green card holder relatives;
• 212(a)(9)(C) applicants: evidence of the removal date, the unlawful reentry date, and the date of last departure, plus evidence of 10 years of continuous residence abroad, such as passport entry and exit stamps, airline tickets, foreign household or residence registration, utility bills, and foreign employment records;
• Criminal records: official court records for all arrests and convictions;
• Evidence of rehabilitation, employer letters, tax records, community reference letters;
• Hardship evidence: medical, financial, psychological evaluations, children's education, etc.;
• For applications filed with CBP, provide proof of nationality, proof of name changes, police clearances, etc., as CBP instructs.

Claims supported only by your own statement, with no other evidence, carry limited weight. Foreign documents — for example, Chinese household registration (hukou), notarial certificates, or police clearance certificates — must include a complete English translation and a translator's certification; see Translation requirements.

Filing and fees

The filing address varies by situation; see USCIS's I-212 Direct Filing Addresses page. Applications filed with CBP follow CBP's instructions. For fees, see the USCIS fee schedule G-1055 and the form page; fees are not refunded once paid, and the payee and payment method for applications filed with CBP differ from USCIS. USCIS has been moving to electronic payment in recent years; check current official instructions for payment methods. For how to look these up, see How to check filing fees and processing times.

What happens after filing

1. Receipt: USCIS issues a receipt after accepting the case (see Checking your USCIS case status).
2. Biometrics: attend as the notice instructs.
3. Request for Evidence: an RFE may be issued, commonly where the entry history is unclear or evidence is insufficient (see What to do if you receive an RFE).
4. Decision: after approval, cases abroad return to the consulate for visa processing; where an I-601 was also filed, the two applications are usually decided together.

Check processing times on the USCIS processing times page.

Options after a denial

• Appeal or motion: a USCIS denial of an I-212 can generally be appealed to the Administrative Appeals Office (AAO), or a motion filed, on I-290B; whether an appeal is available and the deadline are stated in the denial decision.
• Strengthen and refile: add evidence of rehabilitation, hardship, and so on to address the negative factors.
• Wait for the period to expire: once the 212(a)(9)(A) period expires, this ground no longer applies.
• Applicants inside the United States: since February 2025, USCIS has tightened its policy of issuing Notices to Appear (NTA) to people whose applications are denied and who lack lawful status; people with a prior removal order also face the risk of the order being reinstated. Assess this carefully before filing.

How the I-212 differs from similar forms

Common questions

Official sources

• USCIS: Form I-212 official page (form, instructions, filing addresses)
• USCIS Policy Manual, Volume 9, Part A, Chapter 2: how waivers, exceptions, and permission to reapply differ
• 8 CFR 212.2: Consent to reapply for admission after deportation, removal, or departure at government expense
• CBP: nonimmigrant advance permission to enter and e-SAFE information
• USCIS fee schedule G-1055
• USCIS processing times

Related reading

• Form I-601 explained: waiver of grounds of inadmissibility
• Form I-601A explained: provisional unlawful presence waiver
• Form G-639: requesting your immigration file (FOIA)
• U.S. family immigration: who can petition for whom?

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and your attorney's specific advice.