I-212 Filing Fee: Understanding the Costs for Application for Permission to Reapply for Admission into the U.S

Individuals who find themselves inadmissible under specific provisions of the Immigration and Nationality Act (INA) and seek reentry into the United States must navigate the complexities of Form I-212, the Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This filing process is a critical step for those who have been previously deported or removed and wish to reenter the U.S. The form serves as a formal request for consent to reapply for admission.

The I-212 filing fee is a mandatory part of this application process. Applicants must submit the correct fee along with their form; otherwise, the U.S. Citizenship and Immigration Services (USCIS) will reject the application. The fee structure is subject to change, and applicants must ensure that they are aware of the current costs associated with their request to reapply. Fee waivers are generally not available for the I-212 application, underscoring the importance of adhering to the prescribed fee requirements.

Overview of I-212 Application

The Form I-212 application process is a critical step for individuals seeking to legally reenter the United States after being deemed inadmissible. Individuals must comply with specific eligibility requirements and understand the form’s intended purpose to proceed correctly.

Purpose of Form I-212

Form I-212, officially known as “Application for Permission to Reapply for Admission into the United States After Deportation or Removal,” serves to grant consent to individuals who have been excluded, deported, or removed from the U.S. Such consent is necessary before they can lawfully reenter the country. This form is used to request a waiver of inadmissibility under the Immigration and Nationality Act (INA) section 212 (a) (9) (A) or (C).

Eligibility Requirements

Eligibility for Form I-212 is limited to individuals who fall under the specific grounds of inadmissibility found in INA section 212(a)(9)(A) or (C). These grounds typically relate to individuals who have been previously removed due to:

  • Being excludable at the time of reentry or attempted reentry;
  • Deportation through exclusion proceedings;
  • Removal upon arrival in the U.S.;
  • Departure while an order of exclusion or removal is outstanding.

Applicants must also demonstrate they have not reentered the U.S. illegally since their last deportation or removal. Each application is reviewed on a case-by-case basis, taking into account the applicant’s circumstances and other relevant factors.

I-212 Filing Fee Details

The I-212 form requires a fee for those seeking reentry to the United States after deportation or removal. It’s nonrefundable and must be paid in the exact amount.

Current Fee Amount

As of the last update, the filing fee for the I-212 Application for Permission to Reapply for Admission into the United States is $930.

Payment Methods

Applicants can pay the I-212 filing fee using the following methods:

  • Check
  • Money Order
  • Credit Card (by using Form G-1450, Authorization for Credit Card Transactions)

Note: Cash is not accepted.

Fee Waivers and Exceptions

Fee waivers for the I-212 filing fee are generally not available. Applicants must ensure they are prepared to meet the fee requirements when submitting their application.

Filing Process and Procedure

When submitting Form I-212, it’s essential to understand the precise procedures for submission, the necessary documentation, and the expected processing times.

Submission Options

Form I-212 can typically be filed online through the Electronic Secured Adjudication Forms Environment (e-SAFE) or by mail to the appropriate United States Citizenship and Immigration Services (USCIS) address. The choice between these methods depends on individual circumstances.

Required Documentation

A Checklist of Required Initial Evidence is provided for Form I-212:

  • Biographic information, including any aliases used
  • Alien registration number, if applicable
  • Explanation for the previous removal or inadmissibility
  • Supporting legal documents or affidavits that substantiate the application

Note: Always refer to the latest USCIS instructions for the most current requirements.

Processing Times

Processing times for Form I-212 vary and can be influenced by factors such as the applicant’s individual circumstances and the workload of the USCIS office handling the case. They do not have a set timeframe and can change due to various external factors. Applicants are encouraged to check the USCIS website for the most up-to-date information on processing times.

Consequences of Filing Errors

When filing Form I-212, attention to detail is crucial. Errors can lead to significant setbacks, including application denial or processing delays.

Incomplete Applications

An application received without all the required information is deemed incomplete. The U.S. Citizenship and Immigration Services (USCIS) typically issues a Request for Evidence (RFE) to the applicant, which prolongs the process. If the applicant fails to respond to the RFE within the given timeframe, their application may be denied.

Incorrect Fee Submission

Paying the wrong filing fee can result in the rejection of Form I-212. Applicants must ensure that the fee submitted matches the current fee as specified by USCIS. Fee changes occur periodically, so verifying the amount right before submission is necessary. A rejected application due to incorrect fee payment requires the applicant to resubmit the form with the correct fee, leading to delays in their process.

Legal Considerations

The I-212 filing fee is a mandatory payment for individuals seeking re-admission to the United States after being deported or removed. This legal process is complex and governed by specific immigration laws and precedents.

Immigration Legal Precedents

Immigration laws, particularly section 212 of the Immigration and Nationality Act (INA), dictate the admissibility of individuals into the United States. Those inadmissible under sections 212(a)(9)(A) or (C) must obtain permission to reapply, which involves the submission of Form I-212 and the accompanying fee. Legal precedents have established that the ability to re-enter the US after deportation hinges on successfully navigating these legal requirements.

Appeals and Motions

In the event that an application for re-admission is denied, the applicant has the option to file appeals or motions. An individual may file a motion to reopen or reconsider with USCIS, provided that they meet the strict deadlines and requirements set by immigration regulations. The cost of Form I-212 does not cover additional fees which may be incurred during the appeal process. It’s crucial for applicants to understand that each legal motion comes with specific criteria and potential legal costs.

Post-Submission Information

After a Form I-212 has been submitted along with the appropriate filing fee, applicants should be aware of the steps that follow, namely receiving confirmation of the submission and making status inquiries.

Receipt Notice

Upon submission of Form I-212, the applicant will receive a Receipt Notice from USCIS. This notice typically arrives within 2-3 weeks of filing and contains a receipt number. This number is crucial as it is needed for any future correspondence with USCIS or to check the status of the application.

Status Inquiries

If the applicant has concerns about the status of their Form I-212, they are able to make inquiries. One common method is to use the USCIS online case status tool, where the receipt number from the Receipt Notice is used to check the current status. Additionally, if the processing time seems longer than the typical period or there are other issues, applicants may contact the USCIS Contact Center or make an InfoPass appointment to visit a local USCIS office.

Additional Resources

When filing Form I-212, applicants have various resources at their disposal to facilitate the process. These resources can provide guidance on filing fees, procedures, and any updates to immigration policies.

Government Agencies Involved

U.S. Citizenship and Immigration Services (USCIS): USCIS is the primary agency that handles Form I-212 applications. Applicants can access forms, filing instructions, and payment details through the USCIS official website or contact centers.

Department of Homeland Security (DHS): DHS oversees immigration enforcement and policy. For broader questions regarding immigration inadmissibility and waivers, the DHS website can be a helpful resource.

Helpful Websites and Hotlines

National Customer Service Center (NCSC): NCSC can provide live assistance for questions about USCIS services and policies, including inquiries about Form I-212.

  • Hotline: 1-800-375-5283
  • Hours: Monday to Friday, 8 a.m. to 8 p.m. Eastern Time

American Immigration Lawyers Association (AILA): AILA offers resources for finding immigration lawyers and may provide practice advisories related to Form I-212 and other immigration processes.

It is recommended that applicants ensure they are consulting current information, as immigration laws and fees can change.