What is Form I-212 permission to reapply?

Form I-212 is an application for permission to reapply for admission to the United States after being removed, deported, or denied admission. It's required if you have a bar preventing you from applying for a visa or other immigration benefit.

Who needs to file Form I-212?

You need I-212 if you were previously removed, deported, excluded, or denied admission to the US and are subject to a bar on reapplication. This includes people with 5, 10, or 20-year bars, or permanent bars due to certain violations.

How long does I-212 processing take?

I-212 applications typically take 24-36 months to process. Cases involving complex criminal history or national security issues may take significantly longer.

What factors does USCIS consider for I-212 approval?

USCIS considers reasons for your exclusion/removal, recency of the violation, length of residence in the US, moral character, need for your services in the US, rehabilitation evidence, family ties, and hardship to qualifying relatives.

Can I file I-212 while in the United States?

Yes, but filing I-212 while in the US may result in being placed in removal proceedings. It's generally safer to file from outside the US, but exceptions exist for certain circumstances.

Does I-212 approval guarantee I can return to the US?

No, I-212 approval only gives you permission to apply for admission. You still need to qualify for and obtain the appropriate visa or other immigration benefit, and you may need additional waivers.

Can I appeal an I-212 denial?

There is no direct appeal process for I-212 denials. However, you may file a motion to reopen or reconsider, or submit a new I-212 application after addressing the reasons for denial.

What is the filing fee for Form I-212?

The I-212 filing fee is $1,050 as of 2025. You may also need to pay biometrics fees. Fee waivers are generally not available for I-212 applications.

I-212 Application for Permission to Reapply for Admission

Last updated: January 15, 2025

2025 Fee Increase

Filing fees for I-212 applications increased to $1,200 under H.R. 1 legislation effective January 2025. This represents a significant increase from the previous $930 fee.

What is Form I-212?

Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, allows certain individuals who have been removed from the United States to request permission to apply for readmission before their mandatory waiting period expires.

This form is required for individuals who are inadmissible under Immigration and Nationality Act Section 212(a)(9)(A) (those removed or deported) or 212(a)(9)(C) (those with aggravated unlawful presence). The decision is discretionary and based on various favorable and adverse factors.

Who Needs I-212?

You need I-212 if you:

Individuals removed or deported from the United States
People who departed under an order of removal or deportation
Those who left voluntarily under threat of removal proceedings
Individuals subject to a 5, 10, or 20-year bar on reentry
Anyone seeking to overcome permanent inadmissibility for unlawful presence

Eligibility Requirements

To be eligible for I-212, you must:

Were previously removed, deported, or departed under an order of removal
Are seeking to apply for admission to the United States
Are subject to inadmissibility under INA Section 212(a)(9)(A) or (C)
Can demonstrate that readmission would not be contrary to national welfare, safety, or security
Have compelling reasons for seeking permission to reapply

Factors in Decision Making

Favorable Factors

Family ties to U.S. citizens or lawful permanent residents
Length of residence in the United States before departure
Employment history and economic contributions
Community ties and positive character evidence
Rehabilitation evidence for criminal grounds
Humanitarian factors and compelling circumstances
Time elapsed since departure from the United States

Adverse Factors

Serious criminal history or ongoing criminal activity
Immigration violations and repeated illegal entries
Lack of rehabilitation or continued misconduct
Security concerns or national security issues
Fraud or misrepresentation in immigration matters
Likelihood of becoming a public charge
Short period since departure or multiple violations

Waiting Periods

5-Year Bar

For individuals removed or deported, or who departed under an order of removal. Cannot reapply for admission for 5 years.

10-Year Bar

For individuals with prior removals or who unlawfully re-entered after removal. Cannot reapply for admission for 10 years.

20-Year/Permanent Bar

For those with multiple removals or aggravated felony convictions. May face 20-year or permanent inadmissibility.

Required Evidence

Your I-212 application must include:

Form I-212 with filing fee ($1,200 as of 2025)
Evidence of removal/deportation order or voluntary departure
Documentation of family relationships in the U.S.
Employment records and financial support evidence
Criminal history and rehabilitation documentation
Character references and community support letters
Medical records if applicable to the case
Evidence addressing specific grounds of inadmissibility

Application Process

Determine Need for I-212

Confirm you are subject to reentry bars and need permission to reapply

Gather Comprehensive Evidence

Collect documentation supporting favorable factors and addressing adverse factors

Complete Form I-212

Fill out application with detailed explanations and supporting statements

Pay Filing Fee

Submit $1,200 filing fee (fee increased under H.R. 1 - 2025)

Submit to USCIS

File application with appropriate USCIS office or embassy/consulate

Respond to RFE

Provide additional evidence if requested by USCIS

Await Decision

USCIS reviews application and makes determination on permission to reapply

Processing Information

Processing Time

I-212 applications typically take 24-36 months to process. Complex cases involving criminal issues may take longer.

Filing Location

File with USCIS if applying from within the U.S. (in proceedings), or at U.S. embassy/consulate if applying from abroad.

Special Considerations

Concurrent Applications

I-212 can be filed concurrently with other waiver applications like I-601. This may streamline the overall immigration process.

Criminal History Impact

Serious criminal history significantly reduces chances of approval. Evidence of rehabilitation and change is crucial for success.

National Security Issues

Applications involving terrorism, espionage, or other national security concerns are typically denied. Limited exceptions exist for extraordinary circumstances.

After I-212 Approval

Next Steps After Approval

1Apply for appropriate visa or other immigration benefit
2Complete required medical examinations and background checks
3Attend visa interview if applying from abroad
4Note: Approval does not guarantee visa issuance - just permission to apply

Important Warnings

Critical Points

I-212 approval only gives permission to apply - does not guarantee admission
You may still need other waivers (I-601) for additional grounds of inadmissibility
Filing I-212 from within the U.S. may lead to removal proceedings
Seek experienced legal counsel before filing - denial can have serious consequences

Official Resources

USCIS I-212 Official Page Form I-212 Download USCIS Policy Manual - Inadmissibility Immigration Court Practice Manual