Form I-212 Application Process: A Guide to Reapplying for Admission into the U.S

Form I-212 is a legal document used by individuals who have been deported or removed from the United States and wish to reapply for admission.

Purpose of Form I-212

The primary purpose of Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, is to provide a means for individuals who are inadmissible under specific sections of the Immigration and Nationality Act (INA) to formally request consent to apply for reentry to the United States. This form is necessary to lawfully return after being deported or removed.

Eligibility Requirements

To be eligible to file Form I-212, an individual must fall under the inadmissibility grounds of INA sections 212(a)(9)(A) or (C), relating to prior deportation or unlawful presence. The key criteria include:

• Deportation or Removal: Individuals must have been excluded, deported, or removed from the U.S.
• INA Sections: The specific sections of the INA that apply must be the basis for their current inadmissibility.
• Consent to Reapply: Individuals must seek consent from the Department of Homeland Security to reapply for admission into the U.S. Approval of this form does not guarantee admission but is a necessary step towards reapplying for entry.

The application process for Form I-212 involves several key steps. Applicants must complete the form accurately, gather necessary documents, adhere to submission guidelines, and be aware of the processing times.

Filling Out Form I-212

Applicants must provide complete and accurate information on Form I-212. This includes personal details, the basis for inadmissibility, and the reasons for seeking reentry into the United States. It is essential to answer all questions truthfully and thoroughly to avoid delays or denials.

Supporting Documentation

Supporting documentation is critical to the application process. Applicants should include proof of their ties to their home country, evidence of reformation if applicable, and any other documents that support their case for reentry. This may include:

• Employment records
• Family ties in the United States
• Evidence of rehabilitation if previously removed for criminal grounds

Submission Procedures

Form I-212 must be submitted as instructed by the United States Citizenship and Immigration Services (USCIS). If the applicant is outside the United States, they may need to submit the form to the U.S. Department of State (DOS) or a U.S. Customs and Border Protection (CBP) office. Be sure to include:

• The completed Form I-212
• All required supporting documentation
• The correct I-212 filing fee (check current fee on the USCIS website)

Processing Timeframes

Processing times for Form I-212 can vary depending on the USCIS office handling the case. Applicants should monitor the status of their application and be prepared for possible delays. They can check processing times online through the USCIS website using their receipt number.

Within the context of Form I-212, legal considerations primarily center around understanding the specific grounds of inadmissibility that affect an individual’s eligibility to reenter the United States and the potential waivers or exceptions that may apply.

Grounds of Inadmissibility

The Immigration and Nationality Act (INA) specifies various grounds upon which an individual can be deemed inadmissible. Form I-212 is linked to sections 212(a)(9)(A) or (C) of the INA, which cover inadmissibility due to prior deportation or unlawful presence. Individuals who have been removed from the United States may not reenter for a period of 5, 10, 20 years, or permanently, depending on the nature and number of removals. Regarding unlawful presence, the INA imposes bans lasting 3 or 10 years if the individual was present in the United States unlawfully for periods of more than 180 days or one year, respectively.

Waivers and Exceptions

Form I-212 serves as an application for a waiver to allow individuals who are subject to the above inadmissibility grounds to seek consent to reapply for admission before their designated ban period has expired. Approval of this waiver is not automatic but rather contingent upon various factors, such as the reason for the initial deportation, length of time spent outside the United States, and the establishment of ties such as family, employment, or business in the United States. It’s imperative that the applicant presents a compelling case that supports their request for re-admittance.

Submitting Form I-212 initiates a review process where applicants await a decision from U.S. Citizenship and Immigration Services (USCIS) regarding their application to reapply for admission into the United States after deportation or removal.

Receiving a Decision

USCIS notifies applicants of their decision in writing once the Form I-212 application is reviewed. The notice is sent to the address provided by the applicant. The processing time varies and can be checked on the USCIS website or by contacting the relevant service center.

If Denied

If an application is denied, USCIS provides the reasons for the denial in the written notice. Applicants have the opportunity to appeal the decision or re-file the application. It is crucial that an applicant understands the grounds for denial before proceeding with an appeal or re-filing, as this may involve legal complexities.

If Approved

An approval of Form I-212 does not automatically grant entry into the United States. It only allows the individual to apply for a visa or other entry document. An approved applicant may then proceed to apply for admission to the United States, and the approval of Form I-212 will be one of the factors considered during their admission process.

When it comes to the I-212 waiver, the concepts of extensions and renewals are not applicable in the traditional sense. The I-212 is a one-time application that individuals use to seek permission to reapply for admission into the United States after they have been deported or removed. This permission, if granted, does not require renewal as it is associated with a specific deportation or removal.

However, applicants should be aware that the validity of the approval is contingent upon the specific grounds of inadmissibility and the terms set forth in the waiver approval. If an individual encounters the need to address inadmissibility again due to subsequent removals or deportations, they would need to file a new I-212 waiver application.

It is important for applicants to file their I-212 application within the specified time frames and in accordance with the guidelines set by the United States Citizenship and Immigration Services (USCIS).

• Key Points to Remember:
  • No Extensions: The approval of an I-212 waiver is associated with a particular incident of removal or deportation and does not require extensions.
  • New Situations: Should new grounds of inadmissibility arise, a new I-212 application is needed.
  • Adherence to Deadlines: Submitting applications in a timely manner is crucial to avoid complications.

The deadline for the application relates to the applicant’s eligibility to reapply, which is based on the time period of inadmissibility predetermined by their specific circumstances. Individuals are encouraged to consult legal counsel for assistance with the process to ensure compliance with all USCIS regulations and deadlines.

When a Form I-212 is denied, the applicant has options to appeal the decision or file a motion. They should focus on meeting specific procedural requirements and substantiating their case with relevant evidence.

Filing an Appeal

An individual whose Form I-212 has been denied by the USCIS has the right to appeal the decision. Time-sensitive: The appeal must be filed within 30 days of the decision. It is handled by the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), depending on the case.

• File Form: The Notice of Appeal or Motion (Form I-290B).
• Filing Fee: Required, unless a waiver is granted.
• Outcome: The AAO or BIA reviews the case de novo, meaning they consider all aspects anew.

Motion to Reopen or Reconsider

Alternatively, a motion to reopen or reconsider can be filed if the applicant believes there is new evidence or a change in circumstance since the original decision.

• Motion to Reopen:
  • New Evidence: Must be presented that was not available at the time of the original decision.
  • Procedure: The USCIS office that made the original decision reviews the new information.
• Motion to Reconsider:
  • Legal Basis: Requires showing the decision was incorrect based on the evidence at that time.
  • Argumentation: The applicant must clearly demonstrate the mistake in the application of the law or policy.

Both motions are filed using Form I-290B and require a filing fee. They offer an alternative to appeals and are critically reviewed by USCIS.

For individuals seeking to navigate the complexities of Form I-212, several resources are at their disposal.

United States Citizenship and Immigration Services (USCIS): As the administering body for immigration forms, the USCIS website is the primary source for downloading Form I-212 and provides instructions for its completion.

Immigrant Legal Resource Center (ILRC): The ILRC offers advisory documents that can assist applicants in understanding the bars to admission and the process for seeking permission to reapply for admission into the United States.

Lawyer Assistance: Immigration attorneys or accredited representatives can provide legal advice tailored to an individual’s case, guide them through the application process, and represent them before the USCIS.

Educational Websites: Certain reputable immigration websites offer guides and break down the legal jargon into more understandable language, providing an overview of the waiver process and eligibility.

Community Organizations: Numerous non-profit organizations support immigrants and may offer counseling, educational workshops, or assistance in completing forms like the I-212.

Applicants are encouraged to review these resources thoroughly, ensuring a well-prepared application to increase the chances of a favorable decision.