Form I-212, Explained

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. Individuals who have been deported or removed from the U.S. and who wish to return must apply for permission to reapply for admission using Form I-212.

This form is used to request permission to reenter the U.S. after being removed for various reasons such as a visa overstay, criminal conviction, or other immigration violation.

Unlike other immigration waivers, Form I-212 doesn’t automatically grant you entry into the United States. Instead, it provides permission to apply for a visa, green card, or other immigration benefit without being automatically denied due to your previous removal.

Each year, thousands of immigrants face removal from the U.S., and Form I-212 offers a potential pathway back for those who qualify.

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Form I-212 Processing Time

The processing time for Form I-212 is 33.5 months as of March 2025.

USCIS processing times for Form I-212 vary depending on the circumstances of the individual case. Processing times can also be affected by factors such as incomplete or inaccurate applications, requests for additional evidence, and other delays.

It’s important to note that USCIS updates processing times periodically on its website, so individuals should check the most current processing times for Form I-212 here.

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Form I-212 Cost

The current fee to file Form I-212 is $1175, and it must be paid directly to USCIS at the time of filing.

The fee for Form I-212 can be paid through various methods such as money order, personal check, cashier’s check, or by using Form G-1450, Authorization for Credit Card Transactions. In case you opt to pay through a check, it must be made payable to the U.S. Department of Homeland Security.

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Form I-212 Eligibility

You may need to file Form I-212 if you fall into one of these categories:

• You were removed or deported from the United States through an official removal proceeding
• You were ordered removed in absentia (when you weren’t present at your hearing)
• You were subject to expedited removal at a port of entry
• You were removed under the Visa Waiver Program
• You voluntarily departed the U.S. under an order of removal
• You were excluded from the U.S. under previous immigration laws

Additionally, USCIS will consider whether your admission would be:

• In the national interest
• Not contrary to national welfare, safety, or security
• Justified by family reunification needs or humanitarian concerns

USCIS officers have significant discretion when deciding Form I-212 applications. They will weigh favorable factors against unfavorable ones to determine if you merit a favorable exercise of discretion.

Notably, Form I-212 is different from Form I-601 (“Application for Waiver of Grounds of Inadmissibility”). While both address inadmissibility issues, Form I-212 specifically addresses inadmissibility due to previous removal or deportation, while Form I-601 addresses other grounds of inadmissibility.

In some complex cases, individuals may need to file both forms. For example, if you were previously removed and also have other inadmissibility grounds (such as certain criminal convictions), you might need both forms.

Individuals who have been deported or removed from the U.S. and who wish to reapply for admission into the United States may be eligible to file Form I-212. However, whether or not an individual is eligible to file Form I-212 depends on the specific circumstances of their case.

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Step-by-Step Application Process

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Form I-212 Supporting Documents

The specific supporting documents required for Form I-212 can vary depending on the circumstances of the individual case. However, in general, the following types of supporting documents are commonly required:

Essential Documents

• Copy of your removal or deportation order
• Copies of all immigration documents related to your case
• Copy of your passport (all pages)
• Birth certificate (with certified translation if not in English)
• Marriage certificate (if applicable)
• Documentation of your relationship to any U.S. citizen or permanent resident family members
• Evidence of the length of time spent outside the United States since removal

Evidence of Favorable Factors

• Affidavits from family members explaining hardship
• Employment records showing stable work history
• Tax returns showing compliance with tax obligations
• Evidence of community involvement
• Letters from community leaders, clergy, or employers
• Evidence of rehabilitation (if applicable)
• Medical records (if relevant to your case)

Criminal History Documents (If Applicable)

• Court dispositions for all arrests
• Evidence of completion of any court-ordered programs
• Proof of payment of fines or restitution
• Documentation of rehabilitation efforts
• Character reference letters addressing rehabilitation

Document Formatting Requirements

• All non-English documents must include certified translations
• Submit photocopies unless originals are specifically requested
• Organize documents logically with a clear cover sheet or index
• Consider including a detailed cover letter explaining your case

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Proving “Favorable Factors”

USCIS officers will weigh “favorable factors” against “unfavorable factors” when deciding your case. Here’s how to effectively demonstrate favorable factors:

Family Ties in the United States

• Document all immediate family relationships with U.S. citizens or permanent residents
• Obtain detailed affidavits from family members explaining emotional and financial interdependence
• Include evidence like joint accounts, shared property, or photographs documenting the relationship
• If you have children in the U.S., include evidence of your parental relationship and involvement

Evidence of Hardship

• Document specific hardships your family would face if you cannot return
• Include financial evidence such as household budget showing reliance on your income
• Obtain medical records if family members have health conditions requiring your presence
• Include educational records if children would be negatively impacted

Evidence of Rehabilitation

For those with criminal history:

• Document all rehabilitation programs completed
• Obtain letters from counselors, probation officers, or program directors
• Demonstrate community service or volunteer work
• Show steady employment and financial responsibility since the conviction
• Explain personal growth and changed circumstances

Community Ties and Contributions

• Letters from community organizations where you’ve volunteered
• Evidence of charitable contributions
• Proof of membership in religious or community organizations
• Letters from neighbors or community members

Employment History and Prospects

• Employment verification letters from past employers
• Job offer letters from U.S. employers (if applicable)
• Documentation of specialized skills or education
• Evidence of paying taxes on previous U.S. income

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After Filing: What to Expect

After submitting your Form I-212, the waiting process begins. Here’s what to anticipate:

Receipt Notice

Within 2-4 weeks of filing, you should receive a receipt notice (Form I-797C) confirming USCIS has received your application. This notice contains your receipt number, which you’ll use to track your case status online.

Biometrics Appointment (If Required)

Some applicants receive a notice to appear at an Application Support Center for biometrics collection (fingerprints and photographs).

Requests for Evidence (RFEs)

If USCIS determines your application is missing information or requires additional documentation, they’ll issue an RFE. This is common and doesn’t indicate your application will be denied. The RFE will specify:

• What additional evidence is needed
• Why it’s needed
• The deadline for response (typically 84 days)

Responding thoroughly and promptly to an RFE is important for your application.

Decision Notice

Once USCIS makes a decision on your case, you’ll receive one of these notices:

• Approval Notice: Confirming permission to reapply for admission
• Denial Notice: Explaining the reasons for denial and your options for appeal
• Notice of Intent to Deny (NOID): Giving you an opportunity to submit additional evidence before a final decision

USCIS Case Status Updates

Use the USCIS online case status tool to check your application progress. Updates may be limited, often showing only “Case Was Received” until a decision is made.

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If Your Application is Approved

Receiving an approval for your Form I-212 is a significant step, but it’s important to understand what this approval means:

What the Approval Does and Doesn’t Do

An approved Form I-212:

• Gives you permission to apply for admission to the U.S.
• Waives the specific inadmissibility related to your previous removal
• Typically doesn’t expire, though some approvals may have time limitations

It does NOT:

• Automatically grant you entry into the U.S.
• Waive any other grounds of inadmissibility
• Guarantee approval of subsequent visa or green card applications

Next Steps After Approval

After your Form I-212 is approved, you’ll need to:

1. Apply for the appropriate visa or immigration benefit (such as an immigrant visa, nonimmigrant visa, or adjustment of status in limited cases)
2. Include a copy of your Form I-212 approval notice with your visa application
3. Attend any required interviews or provide any additional requested documentation
4. Continue to meet all other eligibility requirements for the visa or benefit you’re seeking

Time Limitations and Validity Periods

While most Form I-212 approvals don’t have expiration dates, the approval is specific to the underlying visa petition or application. If you’re applying based on a family relationship that later changes (such as divorce), you may need to file a new Form I-212.

Additionally, if significant negative factors arise after approval (such as new criminal convictions), USCIS or the Department of State may reconsider the approval.

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If Your Application is Denied

If USCIS denies your Form I-212 application, you have several options:

Appeal Process

You may file an appeal with the Administrative Appeals Office (AAO) using Form I-290B, Notice of Appeal or Motion. The appeal must be filed within 30 days of the denial (33 days if the decision was mailed).

The appeal process involves:

• Filing Form I-290B with the appropriate fee ($675)
• Submitting a brief explaining why you believe USCIS’s decision was incorrect
• Providing any additional evidence supporting your position

The AAO typically takes 6-12 months to decide appeals.

Motion to Reopen or Reconsider

As an alternative to an appeal, you may file:

• Motion to Reopen: Based on new facts or evidence not available at the time of the original decision
• Motion to Reconsider: Arguing that the decision was incorrect based on the evidence and laws at the time

Motions must be filed within 30 days of the denial using Form I-290B with the appropriate fee.

Reapplication Strategy

Rather than appealing, sometimes filing a new Form I-212 with stronger evidence is more effective, particularly if:

• Your circumstances have significantly improved since your previous application
• You can address the specific reasons cited in your denial notice
• Substantial time has passed since your removal (improving your chances of approval)

If you choose to reapply, you’ll need to pay the filing fee again and submit a complete application package.

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Real-World Examples and Success Stories

Understanding how actual cases have progressed can provide valuable insight. Here are examples based on typical scenarios:

Case Study 1: Family Reunification Success

Background: Carlos was removed from the U.S. after overstaying his visa by three years. He had a U.S. citizen wife and two U.S. citizen children.

Approach: Carlos’s application emphasized:

• Exceptional hardship to his U.S. citizen children who required specialized medical care
• His wife’s inability to relocate due to her job as a healthcare worker
• Clean criminal record and history of tax compliance while in the U.S.
• Strong employment history and community ties

Outcome: Form I-212 approved after 18 months. Carlos subsequently obtained an immigrant visa and returned to the U.S. legally.

Key Factors in Approval: Strong evidence of extreme hardship to U.S. citizen family members, clean background, and demonstration of good moral character.

Case Study 2: Overcoming Criminal History

Background: Mia was deported following a conviction for drug possession, triggering a 10-year bar.

Approach: Seven years after deportation, Mia applied for Form I-212, demonstrating:

• Completion of drug rehabilitation program
• Continued sobriety (verified by regular testing)
• Educational achievements since return to home country
• Letters from counselors and community leaders
• Employment as a substance abuse counselor helping others
• Support from U.S. citizen siblings

Outcome: Form I-212 initially denied, but approved on appeal after providing additional evidence of rehabilitation.

Key Factors in Approval: Strong evidence of rehabilitation, productive contributions to society, and passage of significant time since the offense.

Case Study 3: Business Necessity

Background: Toshiro, a Japanese executive, was subject to expedited removal after a misunderstanding about his business visitor status. His company had U.S. operations requiring his expertise.

Approach: His application focused on:

• Minor nature of the immigration violation
• Economic benefits of his role in the U.S. company
• Jobs created for U.S. workers through his division
• No criminal history or other immigration violations
• Employer support and documentation of unique expertise

Outcome: Form I-212 approved in just 8 months due to business necessity.

Key Factors in Approval: Clear economic benefit to the U.S., minor nature of the violation, and strong employer support.

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Form I-212 FAQs