How to Request Permission for Re-Entry into US after Deportation?

Published: 16th November 2011
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Any person who gets deported from US would wish to visit US again as they might have surely deported with pending commitments and they would want to accomplish it. So, often the question of whether such deported persons can re-enter US arises and this question always gains popularity among the other immigration FAQ. USCIS has made some special provisions for such persons to make their way back to US. Form I-212 serves this purpose.

Purpose of the Form I-212
Under the immigration laws, if an individual has been deported, debarred, or removed at any time, in order for the alien to come back to the United States before the end of the time that the foreigner is vital to be outside of the United States, the alien may not enter the United States without first procuring permission from the Attorney General to reapply after deportation/removal. In this situation, the alien must first file an exceptional application called an Application to Reapply for Admission after Deportation/Removal (Form I-212).

Who should file Form I-212?
If you are prohibited entering US only under INA section 212(a) (9) (A), you should file form I-212 if you are:
• An applicant for an immigrant visa;
• An applicant for adjustment of status under INA section 245 (other than as a T or U nonimmigrant seeking adjustment of status under 8 CFR 245.23 or 245.24); or
• An applicant who desires to pursue admission as a nonimmigrant at a US port of entry but who is not required to obtain a nonimmigrant visa. (If you are an applicant for a nonimmigrant visa at a US consulate, and you are required to obtain consent to reapply because of your inadmissibility, the consulate with authority over your visa application will direct you how to request permission to reapply. You may not be required to file the Form I-212 to receive consent to reapply.)

If you are inadmissible under INA section 212(a) (9) (C), you should file form I-212 if you are:
• An applicant for an immigrant visa; or
• An applicant who requests to seek admission as a nonimmigrant at a U.S. port of entry but who is not required to obtain a nonimmigrant visa. (If you are an applicant for a nonimmigrant visa at a US consulate, and you are required to get permission to reapply because of your inadmissibility, the consulate with authority over your visa application will direct you how to request consent to reapply. You may not be required to file the Form I-212 to receive consent to reapply.)

If you are inadmissible under INA section 212(a) (9) (C), you may NOT file this Form while you are in the United States. You cannot get permission to reapply unless you are seeking admission to the United States more than 10 years after your last parting from the United States.

Documents to be attached along with Form I-212
• Evidence of Citizenship.
• Any supporting documentation.
• U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.
• A Form G-325A completed and signed by the applicant. Please ensure that all copies of this form are legible.
• A properly executed Form G-28 must be included with the application if the alien has retained an authorized representative.
• Each application, regardless of the ground of inadmissibility, must be accompanied by a copy of an official police record or evidence that no record exists, from the applicant’s country of residence or nationality. This record is valid for 15 months.

This form was prosecuted by USCIS to pave way for those who are on their way to file US Citizenship Application Form and Form I-485 to get back to their way of filing.


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