Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, is used by individuals who have been deported, removed, or departed while under an order of removal and wish to seek permission to reapply for admission to the United States before the statutory bar period has expired.
Must have been removed, deported, or departed under removal order
Must demonstrate merit for discretionary approval
Subject to statutory waiting periods based on removal circumstances
Must show positive factors outweigh negative factors
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Who Qualifies
Individuals who have been deported or removed from the United States
Those who departed the U.S. while under an order of removal
Persons subject to 5-year, 10-year, or 20-year bars due to prior removal
Individuals seeking to return to the U.S. before the bar period expires
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Application Process
Determine Bar Period
Identify the statutory bar period based on your removal history (5, 10, or 20 years).
Assess Eligibility
Evaluate whether your positive factors outweigh the negative factors for discretionary approval.
Complete Form I-212
Fill out the application providing detailed information about your removal and circumstances.
Gather Supporting Evidence
Compile evidence of rehabilitation, family ties, hardship, and other positive equities.
Submit Application
File with USCIS or at the U.S. consulate depending on your situation.
Await Decision
USCIS reviews application and makes discretionary decision.
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Key Benefits
Permission to reapply for admission before bar period expires
Opportunity to reunite with family in the United States
Ability to pursue immigrant or nonimmigrant visa
Restoration of eligibility for lawful admission
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Documents Needed
Completed Form I-212
Copy of removal/deportation order
Evidence of family ties in the U.S.
Proof of rehabilitation (if applicable)
Employment and community involvement records
Affidavits from family and community members
Any evidence of hardship to U.S. citizen or LPR relatives
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Frequently Asked Questions
What are the bar periods for prior removal?
Generally, individuals are barred for 5 years after removal, 10 years if removed after certain violations, or 20 years if removed multiple times or for aggravated felony convictions. The I-212 allows you to request permission to reapply before these periods expire.
Is the I-212 waiver discretionary?
Yes. Even if you meet the technical requirements, USCIS has discretion to approve or deny the application. Positive factors like family ties, community involvement, and rehabilitation are weighed against negative factors like the circumstances of removal.
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