I-212: Application for Permission to Reapply for Admission Into the United States After Deportation or Removal
In general, if you have a prior order of removal as an arriving alien or a prior order of expedited removal, you must remain outside of the United States for five years before you can be admitted to the United States. By filing an I-212 application, you may be eligible to return to the U.S. sooner. Similarly, if you have a removal order issued by an immigration judge, you may be eligible to return to the U.S. before ten years have passed by filing an I-212 application. This application is also available to individuals who have been ordered removed from the United States more than once and who otherwise would be required to remain outside of the country for 20 years before reapplying for admission. If you opt to remain outside of the United States for the required time period, filing an I-212 may not be necessary.
Request an initial consultation by calling a Dallas immigration attorney at (844) 299-5003
What If I Never Departed the United States?
If an individual with a prior removal order never left the U.S. but will need to depart the United States to attend a visa interview at a U.S. consulate abroad, he or she may be eligible to apply for a conditional I-212 prior to departing the United States. If you have an old removal order and are currently in the United States, you should consult with an experienced immigration attorney to determine if the conditional I-212 is an option that is available to you, along with any necessary waivers, and whether you should seek to reopen your removal case.
Other Instances Where an I-212 Is Necessary
An individual who was unlawfully present in the U.S. for more than one year and later re-entered or attempted to re-enter without permission will need to spend ten years outside of the United States before he or she can be admitted. This is commonly referred to as the “permanent bar.” Once ten years have passed, the individual must file the I-212 application to request permission to enter the U.S.
The permanent bar also applies to an individual who was ordered removed from the United States and then re-entered or attempted to re-enter without permission. This individual will also need to apply for permission to re-enter the United States by filing the I-212 application after ten years have passed. Again, the ten years must be spent outside the United States.
FAQ
1. What is Form I-212?
Form I-212 is an application for permission to reapply for admission into the United States after deportation or removal. It allows certain individuals to seek early reentry under specific circumstances.
2. Who needs to file Form I-212?
You may need to file Form I-212 if you have a prior order of removal, were ordered removed multiple times, or were unlawfully present in the U.S. for more than one year and then re-entered without permission.
3. How long do I have to wait before filing I-212?
Typically, if you have a prior removal order, you must remain outside the U.S. for five to ten years before applying. The wait time depends on the nature of your removal order and your specific circumstances.
4. Can I apply for I-212 while still in the U.S.?
If you never left the U.S. after your removal order and need to attend a visa interview abroad, you may be eligible to apply for a conditional I-212 before departing. Consulting an immigration attorney is crucial in this situation.
5. What is the "permanent bar"?
The "permanent bar" applies to individuals who were unlawfully present in the U.S. for more than one year and then re-entered or attempted to re-enter without permission. They must spend ten years outside the U.S. before filing I-212.
6. What happens after I file Form I-212?
Once you file the I-212 application, U.S. Citizenship and Immigration Services (USCIS) will review your case. Approval allows you to apply for a visa or re-entry to the U.S., but approval is not guaranteed.
7. Can I expedite the I-212 application process?
While there is no formal way to expedite the process, having a well-prepared application and all necessary documentation can help reduce delays. Working with an experienced immigration attorney can be beneficial.
8. What if my I-212 application is denied?
If your application is denied, you may have options to appeal the decision or seek other remedies. Consulting with an immigration attorney can help you understand your next steps.
9. How can I get help with my I-212 application?
Our experienced Dallas immigration attorneys can guide you through the I-212 application process and ensure you have the best chance of approval. Contact us for a consultation.
Get more information about how to obtain a waiver by giving us a call at (844) 299-5003 or complete our online form.
Case Types:
- EB5
- Employment-based visas
Expedited/Emergency appointment requests please email Inella.coleman@akulalaw.com
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