Form I-212 asks for consent to reapply for admission for people inadmissible after removal or after unlawful reentry. Prima.Law maps the removal history and pairs the I-212 with I-601 or I-601A waivers.
People inadmissible under INA 212(a)(9)(A) after removal, or under 212(a)(9)(C) after unlawful reentry following removal or over a year of unlawful presence.
USCIS, with an I-601 for consular cases, with the I-485, or at a field office for conditional approval. CBP and immigration courts handle some cases.
Under INA 212(a)(9)(C), the I-212 may be filed only from outside the U.S., after at least 10 years outside since the last departure.
Consent to reapply is not a waiver, and approval is discretionary. It does not cure other grounds, such as the unlawful presence bars.
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.
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.
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.
General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.
Expedited removals, border returns, reentries and old orders decide whether 212(a)(9)(A) or (C) applies, and clients rarely know which happened.
How Prima.Law helps: Smart Interviews collect each entry, exit and removal by date, and the Chrome extension pulls I-94 and travel history from CBP and imports EOIR case data into Prima.Law.
An I-601A cannot be filed until the I-212 is approved, while consular cases file both together, so the wrong order can cost months.
How Prima.Law helps: Case flow items in the I-212 and waiver case types lay out each step, and a saved view on the Case Management Board shows which clients are waiting on an I-212 decision.
Permanent bar cases need proof of 10 years outside the U.S. since the last departure, from passport stamps to foreign utility bills and job records.
How Prima.Law helps: The detailed, proven I-212 checklist, maintained by active immigration lawyers, lists each type of absence evidence. Clients upload from abroad in the portal, and staff mark items complete.
Smart Interviews collect each removal, departure, entry and attempted entry with dates and places, and answers import into the profile and Form I-212.
The I-212 checklist, built by active immigration lawyers, lists removal records, 10-year absence proof, family evidence and rehabilitation proof.
Open the I-212 alongside the I-601 or I-601A, reuse applicant and relative data through Autofill, and assemble each filing into an indexed package.
Track the I-212 and waiver receipts together in the Receipts hub, with alerts on status changes and statuses shown in the client portal.
Review removal orders and entries to see whether 212(a)(9)(A), 212(a)(9)(C) or both apply, and whether a period has run.
File with an I-601 abroad, with the I-485, at a field office before departure, or with CBP or the court, as the rules allow.
Submit family ties, hardship, rehabilitation and other evidence. The adjudicator weighs favorable against unfavorable factors.
Approval lets the applicant seek admission. Other grounds, such as unlawful presence, still need their own waiver.
Provisional unlawful presence waivers filed in the U.S. before the consular interview.
Waivers of unlawful presence, fraud, criminal, health and other grounds.
Motions to reopen and reconsider, with EOIR time and number limits
All waivers case types in Prima.Law.
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