I-212 – Form 212 – Form I-212 – I212 – US Waiver – Waiver Form

I-212

Form I-212

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I-212

I-212 Details

A foreign national who is inadmissible under INA 212(a)(9)(A) may file an I-212 if are inadmissible under INA section 212(a)(9)(A) if he or she was previously removed from the United States or departed on their own after being ordered removed and were previously convicted of an aggravated felonyand have not completed the 5/10/20 year removal bar to reentry.

A foreign national who is inadmissible under INA 212(a)(9)(C) may file an I-212 if he or she is outside of the United States and has been so for more than 10 years since the date of their last departure.

For Whom Is an I-212 Appropriate?

If a foreign national is inadmissible under INA 212(a)(9)(A) INA 212(a)(9)(C), an I-212 will allow them to obtain “consent to reapply for admission” that is required before the alien can lawfully return to the United States.

I-212 Requirements

A foreign national who is inadmissible under INA 212(a)(9)(A) should generally file an I-212 after they have departed the United States.  Any I-212 approved while in the United States is conditional and may be revoked.

A foreign national who is inadmissible under INA 212(a)(9)(C) can only file an I-212 when he or she is outside of the United States and only after 10 years since their last departure.

USCIS Memo Relating to I-212

DateTitleDescription
November 30, 2012Filing of Form I-601 at International USCIS Offices.This policy memorandum provides guidance and procedures regarding the circumstances when it is permissible for international USCIS managers to allow the filing of a Form I-601 and any associated Form I-212.

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