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.
In this guide, we’ll cover:
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Form I-212 Processing Time
USCIS processing times for Form I-212 vary depending on the circumstances of the individual case and the workload of the processing center handling the application. Processing times can also be affected by factors such as incomplete or inaccurate applications, requests for additional evidence, and other delays.
According to USCIS’ most recent estimates, the processing time for Form I-212 averaged 26 months at the Nebraska Service Center and 21.5 months at all field offices.
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.
Form I-212 Cost
The current fee to file Form I-212 is $930, 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.
Form I-212 Eligibility
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.
Generally, individuals who have been removed from the country and who wish to reenter must wait for a specified period of time before they can apply for readmission. The waiting period varies depending on the reason for the removal, the length of time spent in the U.S. prior to removal, and other factors.
In addition to meeting the waiting period or “immigration bar” requirements, individuals seeking to reapply for admission into the U.S. must also demonstrate that their reentry is not contrary to the national welfare, safety, or security of the U.S. This requires providing evidence and documentation to support their application, such as evidence of rehabilitation, good moral character, and ties to the country.
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:
- Evidence of the circumstances surrounding the previous deportation or removal, such as the reason for the removal and the length of time spent in the U.S. prior to removal.
- Evidence of “favorable factors” of rehabilitation or good moral character, such as certificates of completion for rehabilitation programs or letters of recommendation from community leaders or employers.
- Evidence of ties to the U.S., such as family relationships, property ownership, or business interests. If you are listing any relatives on your application, you must provide evidence of your relationship. If your relative is a U.S. citizen, you must submit proof of their U.S. citizenship.
- Any relevant court documents or police reports related to the previous deportation or removal.
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Form I-212 FAQs
How do I prove “favorable factors” to strengthen my application?
There are several different ways to prove “favorable factors” in order to strengthen your Form I-212 petition. Examples of favorable factors may include, but are not limited to:
- Close familial connections in the United States
- Hardship experienced by you or your relatives who are U.S. citizens or green card holders, or by your U.S. employer, if you are to remain outside of the country
- Evidence of reform and rehabilitation
- Previous lawful presence in the U.S.
What happens after filing Form I-212?
After filing Form I-212, the application will be reviewed by USCIS. As mentioned above, the processing time for the application can vary widely.
If USCIS determines that additional evidence or documentation is required to support the application, they may issue a Request for Evidence (RFE), which will specify the additional information or documents needed. The applicant will then have a specified period of time to provide the requested evidence.
If USCIS determines that the applicant is eligible for permission to reapply for admission, they will issue a decision in the form of an approval notice. If the application is approved, the applicant will be given permission to reapply for admission, but this does not guarantee admission into the U.S.
What happens if my Form I-212 is denied?
If USCIS denies your Form I-212, it means that they have determined that you are not eligible for permission to reapply for admission into the U.S. The denial notice will explain the reasons for the denial, and will inform you of your options for appeal or further action.
You may have the option to file an appeal with the Administrative Appeals Office (AAO). The appeal must be filed within 30 days of the date of the denial notice, and must include a written statement explaining why you believe the USCIS decision was incorrect.
Alternatively, if you are eligible, but your application was lacking required evidence or support, you may be able to file a new Form I-212 with additional or corrected information. In this case, you will need to pay the filing fee again and provide any additional supporting documents requested by USCIS.