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

1. What is Form I-212?

Form I-212 is an application for Permission to Reapply for Admission into the United States After Deportation or Removal. This form is used by individuals who have been deported or removed from the United States and are seeking permission to reapply for admission. The form allows individuals to request permission to return to the U.S. before the required waiting period has passed, typically 5, 10, or 20 years.

To successfully apply for permission to reapply for admission using Form I-212, individuals must provide detailed information about their previous removal or deportation, demonstrate their eligibility for readmission, and explain the reasons why they are seeking to return to the United States. It is important to include all relevant supporting documentation with the application to strengthen the case for permission to reapply for admission.

Overall, Form I-212 is a critical document for individuals who have been deported or removed from the U.S. and are looking to potentially return to the country before the imposed waiting period expires.

2. Who is eligible to submit Form I-212?

1. Individuals who have been deported or removed from the United States and wish to reenter the country are eligible to submit Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This form is necessary for those who have been deported or removed and seek permission to legally reenter the United States. Generally, individuals who have been removed due to immigration violations, criminal activity, or other reasons may need to file Form I-212 to be considered for readmission.

2. Eligibility to submit Form I-212 also depends on the specific circumstances of the removal or deportation, the individual’s current immigration status, any applicable bars to reentry, and other factors. It is essential to carefully review the instructions and requirements for Form I-212 to determine eligibility and to ensure a complete and accurate application submission. Seeking guidance from an immigration attorney or legal professional experienced in Form I-212 applications can also be beneficial in navigating the process effectively.

3. What are the reasons for deportation or removal that require Form I-212 approval?

1. Individuals who have been deported or removed from the United States may be required to seek permission to reapply for admission through Form I-212 for various reasons. This includes individuals who have committed certain criminal offenses that resulted in their removal, individuals who violated immigration laws such as overstaying a visa or working without authorization, or individuals who were previously deported and unlawfully reentered the country.

2. Form I-212 approval is necessary for those who wish to seek readmission and overcome the bar to entry resulting from their prior deportation or removal. The reasons for deportation or removal that typically require Form I-212 approval include serious criminal convictions, prior deportations, or removals, and other immigration violations that have triggered a period of inadmissibility.

3. By filing Form I-212 and obtaining approval, individuals demonstrate their willingness to comply with U.S. immigration laws and present their case for readmission to the country after addressing the circumstances that led to their previous removal. The decision to approve a Form I-212 application is based on various factors, including the nature of the underlying reasons for deportation or removal, the individual’s ties to the United States, their rehabilitation efforts, and other relevant considerations.

4. How long does it take to process Form I-212?

The processing time for Form I-212 can vary depending on various factors such as the complexity of the case, the volume of applications being processed at the time, and any additional supporting documentation required. Generally, the processing time for Form I-212 can range from several months to over a year. It is important to submit a complete and accurate application to avoid delays in processing. Additionally, applicants may expedite the process in certain urgent situations, such as medical emergencies or upcoming travel plans that require permission to reapply for admission into the United States. It is recommended to consult with an immigration attorney or check the USCIS website for updates on current processing times.

5. What supporting documents are required for Form I-212?

Supporting documents required for Form I-212 include the following:

1. A completed Form I-212 with all required fields accurately filled out.
2. A copy of the official deportation or removal order.
3. A statement detailing the reasons for your previous removal or deportation.
4. Evidence of any ties you have to the United States, such as family relationships, employment opportunities, or property ownership.
5. Evidence of your rehabilitation or changes in circumstances since your removal or deportation.
6. Any other relevant supporting documents that may help demonstrate your eligibility for permission to reapply for admission into the United States.

Submitting a comprehensive set of supporting documents can strengthen your case and improve the chances of approval for permission to reapply for admission into the United States after deportation or removal. It is important to carefully review the specific requirements outlined by the U.S. Citizenship and Immigration Services (USCIS) to ensure all necessary documentation is included with your Form I-212 application.

6. Can I appeal a denial of Form I-212?

Yes, you can appeal a denial of Form I-212. If your Form I-212 application is denied, you have the right to appeal the decision with the Board of Immigration Appeals (BIA). To do so, you must file a Notice of Appeal with the BIA within 30 days of the denial of your application. The BIA will then review the decision made by the U.S. Citizenship and Immigration Services (USCIS) officer who denied your application.

If you choose to appeal the denial of your Form I-212, it is highly recommended that you seek the assistance of an experienced immigration attorney to guide you through the appeals process. Appeals can be complex and time-sensitive, and having legal representation can greatly increase your chances of a successful outcome.

7. What is the filing fee for Form I-212?

The filing fee for Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, is $930. This fee is current as of the latest update and is subject to change, so it is advisable to check the USCIS website or consult with an immigration attorney for the most up-to-date information. Payment can typically be made using a personal check or money order drawn on a U.S. financial institution and payable in U.S. currency. It is essential to ensure that the correct fee is included with the application to avoid processing delays or rejection.

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8. Can I submit Form I-212 while outside the United States?

Yes, you can submit Form I-212 while outside the United States. When applying for permission to reapply for admission into the United States after deportation or removal, individuals may file Form I-212 with the appropriate U.S. Citizenship and Immigration Services (USCIS) office or U.S. consulate abroad. It is essential to carefully follow the instructions provided by USCIS and ensure all required documentation is included with your application. While outside the U.S., you can work with a legal representative or seek assistance from the U.S. consulate to help you navigate the process efficiently. Remember to provide accurate and truthful information in your application to increase your chances of a successful outcome.

9. Can I submit Form I-212 if I have a criminal record?

Yes, you can submit Form I-212 if you have a criminal record. However, having a criminal record may affect your eligibility for permission to reapply for admission into the United States after deportation or removal. The U.S. government will consider various factors when reviewing your Form I-212 application, including the nature of the crime, the length of time since the conviction, your overall immigration history, and any evidence of rehabilitation. It is important to be honest and thorough when disclosing your criminal record on the form and to provide any necessary supporting documents to demonstrate your eligibility for permission to reapply. If you have a criminal record, it is highly recommended to seek the assistance of an experienced immigration attorney to help navigate the application process effectively.

10. Can I submit Form I-212 if I was deported for immigration violations?

Yes, you can submit Form I-212 if you were deported for immigration violations. Form I-212 is specifically designed for individuals who have been removed or deported from the United States and are seeking permission to reapply for admission. Here’s what you need to know if you are considering submitting Form I-212 after being deported for immigration violations:

1. Eligibility: In order to submit Form I-212, you must meet certain eligibility requirements. These requirements can vary depending on the circumstances of your deportation and individual case, so it is important to carefully review the instructions and guidelines provided by the U.S. Citizenship and Immigration Services (USCIS).

2. Documentation: When submitting Form I-212, you will need to provide detailed information about the reasons for your previous deportation, as well as any supporting documentation that may help make your case for readmission. This may include evidence of rehabilitation, ties to the United States, and other relevant information.

3. Decision Process: The decision on whether to grant permission to reapply for admission is ultimately made by the USCIS, taking into consideration various factors such as the reasons for deportation, your current circumstances, and the potential impact of your reentry on the United States.

Overall, while it is possible to submit Form I-212 after being deported for immigration violations, the process can be complex and it is advisable to seek guidance from immigration professionals or attorneys to ensure that you are presenting a strong case for readmission.

11. What happens after I submit Form I-212?

After you submit Form I-212 requesting permission to reapply for admission into the United States after deportation or removal, the following steps typically occur:

1. USCIS or the immigration court will review your application to determine if you meet the eligibility requirements for permission to reapply.
2. If additional evidence or information is needed, USCIS may request it from you.
3. USCIS will consider factors such as the reason for your deportation or removal, your immigration history, and any equities you may have in the United States.
4. If your Form I-212 is approved, you will receive written notice of the decision along with any conditions for your return to the United States.
5. If your Form I-212 is denied, you may have appeal rights depending on your specific situation.

It is important to note that the process and timeline for a decision on Form I-212 can vary based on individual circumstances and the workload of the reviewing authority. It is advisable to consult with an immigration attorney for guidance on your specific case.

12. Can I apply for a waiver of inadmissibility along with Form I-212?

Yes, individuals who are applying for permission to reapply for admission into the United States after deportation or removal using Form I-212 may also seek a waiver of inadmissibility concurrently. Applicants can file a waiver request along with Form I-212 if they are inadmissible under certain grounds specified in the Immigration and Nationality Act. Some common reasons for inadmissibility include criminal convictions, fraud or misrepresentation, unlawful presence, and health-related grounds. Seeking a waiver along with Form I-212 can help address the issues that led to the deportation or removal and increase the chances of approval for readmission to the United States. It is crucial to provide compelling evidence and strong arguments to support the waiver request and demonstrate rehabilitation or other relevant factors. Be sure to carefully review the eligibility requirements and guidelines for both the Form I-212 and the waiver of inadmissibility to ensure a comprehensive and thorough application package.

13. Can I travel while Form I-212 is pending?

While Form I-212 is pending, you may be able to travel outside of the United States, but it is generally not recommended. Traveling while your Form I-212 is pending can complicate your application process and may result in delays or even the denial of your reentry application. Here are some important considerations:

1. Advance Parole: If you have been granted advance parole by USCIS, you may be allowed to travel outside of the United States while your Form I-212 is pending. However, you should consult with an immigration attorney to understand the implications of traveling with advance parole during this process.

2. Reentry Risks: Traveling while your Form I-212 is pending can present risks, such as being denied reentry at the border or causing delays in processing your application. It is crucial to consider the potential consequences before making any travel plans.

3. Consultation: Before making any decisions about traveling while your Form I-212 is pending, it is highly advisable to seek guidance from an experienced immigration attorney. They can provide you with personalized advice based on your specific circumstances.

In conclusion, while it may be possible to travel during the pendency of your Form I-212 application, it is generally not recommended due to the potential risks involved. It is crucial to carefully weigh these risks and seek professional guidance before deciding to travel outside of the United States.

14. Can I reapply for admission to the U.S. if Form I-212 is approved?

Yes, if Form I-212 is approved, it signifies that you have been granted permission to reapply for admission into the United States after deportation or removal. With an approved Form I-212, you may then proceed with reapplying for admission to the U.S. However, the approval of Form I-212 does not automatically guarantee admission into the United States. You must still meet all the requirements for entry into the country, including any additional conditions that may have been specified in the approval of the Form I-212. It is important to adhere to all immigration laws and regulations when reapplying for admission to the United States following deportation or removal.

15. What are the grounds for denial of Form I-212?

The grounds for denial of Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, can vary depending on individual circumstances. However, some common reasons for denial include:

1. Ineligibility: If the applicant does not meet the eligibility criteria outlined in the form instructions, such as having been deported or removed from the United States and being subject to a reentry bar.

2. Lack of supporting evidence: Failure to provide sufficient documentation or evidence to support the application can result in denial. This may include incomplete forms, missing information, or insufficient proof of rehabilitation or ties to the United States.

3. Criminal history: Applicants with certain criminal convictions or a history of criminal activity may be denied permission to reapply for admission into the United States.

4. Immigration violations: Previous immigration violations, such as fraud or misrepresentation, can also lead to denial of Form I-212.

5. Discretionary factors: USCIS officers have the discretion to deny an application based on various factors, such as the seriousness of the original deportation/removal, the applicant’s character, and the potential impact on U.S. national interests.

It is essential for applicants to carefully review the eligibility requirements, provide all necessary documentation, and address any potential concerns in their application to minimize the risk of denial.

16. Can I request expedited processing of Form I-212?

Yes, it is possible to request expedited processing of Form I-212 in certain circumstances. The decision to grant expedited processing is at the discretion of the U.S. Citizenship and Immigration Services (USCIS). To request expedited processing, you would typically need to demonstrate urgent humanitarian reasons, significant financial loss to a company or individual, or an emergency situation. It is important to provide compelling evidence to support your request for expedited processing and clearly explain the reasons why your application requires immediate attention. Additionally, it is advisable to consult with an immigration attorney who can assist you in preparing a strong case for expedited processing of your Form I-212 application.

17. Can I submit additional evidence after filing Form I-212?

Yes, you can submit additional evidence after filing Form I-212. It is important to note that USCIS may request further evidence or documentation to support your application, and you should respond to such requests promptly. If you have additional evidence that you believe will strengthen your case for permission to reapply for admission into the United States after deportation or removal, you can submit it directly to USCIS. Make sure to follow the specific instructions provided by USCIS for submitting additional evidence, such as including your name, Alien Registration Number (A-Number), and the receipt number of your Form I-212 application with any additional documents. Providing comprehensive and relevant evidence can help support your case and improve your chances of a successful outcome.

18. Can I apply for Form I-212 if I voluntarily departed the U.S.?

Yes, you can apply for Form I-212 if you voluntarily departed the U.S. Although voluntary departure is viewed more favorably than deportation, individuals who have voluntarily departed the U.S. may still be subject to a bar on reentry. In such cases, you would need to apply for Form I-212 to seek permission to reapply for admission into the United States after your voluntary departure. The application process for Form I-212 involves demonstrating to the immigration authorities your eligibility and reasons for reentry despite your previous departure. This can include providing evidence of strong ties to the U.S., compelling reasons for reentry, and any changes in circumstances since your departure. It’s important to thoroughly prepare your application and present a strong case to maximize your chances of success.

1. Ensure you meet the eligibility requirements for filing Form I-212.
2. Provide supporting documentation to strengthen your case for reentry.
3. Seek assistance from an immigration attorney to navigate the application process effectively.

19. Can I submit Form I-212 if I was removed due to criminal convictions?

Yes, you can submit Form I-212 if you were removed due to criminal convictions. When applying for permission to reapply for admission into the United States after deportation or removal for criminal convictions, it is essential to submit a completed Form I-212 along with supporting documentation that demonstrates your eligibility for readmission.

1. Provide detailed information about your criminal convictions and any rehabilitation efforts you have undergone since the removal.
2. Include any evidence of good conduct, such as letters of recommendation, completion of rehabilitation programs, or community service.
3. Demonstrate how your reentry would not be contrary to the national welfare, safety, or security of the United States.
4. Ensure that your application is thorough and well-documented to increase your chances of approval.

Overall, individuals with criminal convictions can still apply for permission to reapply for admission by submitting Form I-212 and demonstrating their rehabilitation and eligibility for readmission into the United States.

20. What are the consequences of reentering the U.S. without approval of Form I-212?

Reentering the U.S. without approval of Form I-212 can have serious consequences:

1. Reinstatement of Previous Removal Order: If an individual reenters the U.S. without the necessary approval, they risk having their previous deportation or removal order reinstated. This means that the original order for removal could be enforced, and the individual could be subject to immediate deportation.

2. Permanent Bar: Reentering the U.S. without permission can result in a permanent bar from the United States. This means that the individual may be permanently ineligible to enter the country legally, even with a visa or other form of authorization.

3. Criminal Charges: Reentering the U.S. without authorization is considered a federal crime and can lead to criminal charges. This could result in fines, imprisonment, or both.

4. Inadmissibility: Reentering the U.S. without approval can make an individual inadmissible to the United States in the future. This can affect any future attempts to obtain a visa, green card, or any other form of legal entry into the country.

In conclusion, the consequences of reentering the U.S. without approval of Form I-212 are severe and can have long-lasting effects on an individual’s ability to legally enter or remain in the United States. It is crucial to follow the proper procedures and seek the necessary permissions to avoid these negative outcomes.