Application for Permission to Re-apply for Admission into the United States After Deportation or Removal

If you are inadmissible under INA section 212(a)(9)(A) or (C), you need to obtain consent to reapply for admission to the United States under INA section 212(a)(9)(A)(iii) or (C)(ii). If you need to obtain consent to reapply, it is very important that you do not return to the United States before you have filed an application for consent to reapply, and before the Department of Homeland Security (DHS) has approved it. Failure to do so may result in your permanent inadmissibility from the United States.

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Inadmissibility Under INA section 212(a)(9)(A)

You will need to file Form I-212 if you are inadmissible under INA section 212(a)(9)(A) because:

1. You either:

A. Were actually removed from the United States; or

B. Departed the United States on your own after being issued an order of removal (whether administratively final or not); and

2. You seek admission or adjustment of status:

A. At any time, if you have been convicted of an aggravated felony; or

B. Before you have been outside the United States for a continuous period of:

(1) 5 years, if you were removed as an arriving alien, but only once;

(2) 10 years, if you were removed other than as an arriving alien, but only once; or

(3) 20 years, if you were removed more than once, whether as an arriving alien or not.

 

Inadmissibility Under INA section 212(a)(9)(C)

You will need to file Form I-212 if you are inadmissible under INA section 212(a)(9)(C) and you are:

1. An applicant for an immigrant visa;

2. An applicant who wishes to seek admission as a nonimmigrant at a U.S. port-of-entry, but who is not required to obtain a nonimmigrant visa; or

NOTE: US Customs & Border Protection (CBP) has jurisdiction over these applications for consent to reapply. 

3. An applicant for a nonimmigrant visa at a U.S. Consulate.

NOTE: Some applicants who are applying for a nonimmigrant visa may not have to file Form I-212 to obtain consent to reapply for admission. The U.S. Consulate with jurisdiction over your nonimmigrant visa application will advise you on whether and how to file to obtain consent to reapply for admission.

Even if you are in one of the categories of applicants listed above, you may not file an application for consent to reapply if you are inadmissible under INA section 212(a)(9)(C) and:

1. You are in the United States; or 

2. You have not been physically outside the United States for more than 10 years since the date of your last departure from the United States.

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Special Provision: If you have been ordered removed, but have not left the United States and will be applying for an immigrant visa abroad, you may file your application for consent to reapply before you leave the United States under the removal order. If your application for consent to reapply is approved, the approval is considered conditional until you actually depart the United States. Consent to reapply for admission in this situation applies only to inadmissibility under INA section 212(a)(9)(A). You cannot file an application for consent to reapply for admission while you are in the United States if you are inadmissible under INA section 212(a)(9)(C).

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FEATURED EXPERIENCE:

Successfully completed more than fifteen (15) I-212 waivers.

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Contact Us 

To discuss your I-212 waiver with an experienced Jacksonville immigration attorney from Gjoka Law Firm, feel free to contact us by email at ardian@gjokalawfirm.com or call us at 904-351-8749.

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