I-212 Permission to Reapply for Admission

General Qualifications for I-212 Consent to Reapply

Form I-212 asks for consent to reapply for admission, also called permission to reapply. It is needed by people inadmissible under INA 212(a)(9)(A) because they were removed or left under a removal order, and by people inadmissible under INA 212(a)(9)(C) because they entered or tried to enter without admission or parole after removal or after more than one year of unlawful presence.

Where and when to file depends on the ground and the case. Immigrant visa applicants abroad file with USCIS together with any Form I-601. Adjustment applicants inadmissible only under 212(a)(9)(A) follow the I-485 filing location. People in the U.S. with a removal order can seek conditional approval before departure, which they need before filing Form I-601A.

Approval is discretionary. The adjudicator weighs favorable factors, such as close family ties, hardship, rehabilitation and eligibility for other waivers, against unfavorable ones, such as repeated immigration violations or criminal history. Consent to reapply does not waive other grounds, including the unlawful presence bars.

Clients This Case Type Helps

• People removed at the border through expedited removal who now have a petition
• People removed after immigration court proceedings
• People who left the U.S. while a removal order was outstanding
• People who reentered without inspection after removal or long unlawful presence
• Immigrant visa applicants abroad who also need an I-601 waiver
• People in the U.S. with a removal order who plan to use an I-601A

General Qualifications

• Inadmissible under INA 212(a)(9)(A): removed, or departed under an outstanding order, and seeking admission before the 5-, 10- or 20-year period ends.
• After an aggravated felony conviction, consent is needed at any time, even if the conviction came after removal.
• Inadmissible under INA 212(a)(9)(C): entered or tried to enter without admission or parole after removal or after more than 1 year of unlawful presence.
• For 212(a)(9)(C), the applicant must be outside the U.S. and may file only after at least 10 years outside since the last departure.
• Filed with the agency that has jurisdiction: USCIS, CBP, a consulate for some nonimmigrant visas, or the immigration court in proceedings.
• Approval is discretionary, so favorable factors must outweigh unfavorable ones, backed by evidence rather than bare assertions.

What Causes This Ground of Inadmissibility

INA 212(a)(9)(A) applies to people who were removed, or who left on their own after an order of removal, and who seek admission within a set period: 5 years after a single removal as an arriving alien, 10 years after a single removal in other cases, 20 years after a second or later removal, and at any time after an aggravated felony conviction.

INA 212(a)(9)(C) applies to people who, on or after April 1, 1997, entered or tried to reenter without being admitted or paroled after more than one year of unlawful presence in the aggregate, or after an order of removal. USCIS calls this permanent inadmissibility, and each new unlawful entry or attempt creates a new inadmissibility.

• Travel on an Advance Parole Document is a departure for 212(a)(9)(A) and (C) purposes.
• Leaving on time under voluntary departure, being refused entry without a formal removal, or withdrawing an application for admission generally does not trigger these grounds.
• Returning without required consent can lead to reinstatement of the removal order under INA 241(a)(5) and prosecution under INA 276.

How to Overcome It

For 212(a)(9)(A), the applicant can stay outside the U.S. for the full period or get consent to reapply sooner on Form I-212. Someone still in the U.S. under a removal order who will apply for an immigrant visa abroad may seek conditional approval before departing. The approval is conditional until departure and covers only 212(a)(9)(A).

For 212(a)(9)(C), consent cannot be sought from inside the United States. The applicant must depart, remain outside for at least 10 years since the last departure, and then request consent before seeking admission.

• Pair with Form I-601 when other grounds apply. Consular applicants file both together at the USCIS lockbox.
• A final removal order must be covered by an approved Form I-212 before Form I-601A can be filed.
• Certain VAWA, NACARA, HRIFA and T adjustment applicants use Form I-601 instead of Form I-212.
• Favorable factors USCIS lists include family ties, hardship, rehabilitation, lawful residence and the likelihood of LPR status soon.
• Pitfalls USCIS flags: approval does not cure the unlawful presence bars, and a new removal order after approval requires a new I-212.

Consultation Screening Questions

1. Has the client ever been removed, deported or excluded? Was it expedited removal at the border or after court proceedings?
2. Did the client leave the U.S. while a removal order was outstanding, or on time under a voluntary departure grant?
3. Was the client ever turned back at the border, allowed to withdraw an application for admission, or removed more than once?
4. After a removal or more than one year of unlawful presence, did the client enter or try to enter without inspection?
5. When did the client last depart, and how long have they stayed outside the U.S. since then?
6. Does the client have any criminal convictions, especially anything that could be an aggravated felony?
7. Is there an approved petition, NVC case, I-485 or I-601A plan that the I-212 must support?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.