1. What are the eligibility requirements for filing Form I-212?

The eligibility requirements for filing Form I-212 depend on the individual’s immigration history. Generally, individuals who are ineligible for admission or readmission to the United States under the Immigration and Nationality Act (INA), either because they entered without inspection, were removed from the United States, or previously were denied admission to the United States, must file Form I-212 to seek permission to re-enter.

Applicants must demonstrate that they are admissible to the United States, that they have “good moral character,” and that they have a valid reason for seeking entry. In some cases, the applicant may need to submit evidence of exceptional or extreme hardship to a qualifying relative if they are denied entry.

2. How does the priority date of an I-212 application affect the processing time?

The priority date of an I-212 application will affect the processing time because applications are processed in the order of their priority dates. The earlier the priority date, the faster an application will be processed.

3. How long does it normally take for a Form I-212 application to be processed?

The processing time for a Form I-212 application varies depending on the individual case and the current processing times at the USCIS. Generally, it can take anywhere from several months to a year for the application to be processed.

4. Is there a fee to file Form I-212?

Yes, there is a fee to file Form I-212. The filing fee for Form I-212 is $930.

5. Does an applicant need to provide any supporting documents when filing Form I-212?

Yes, an applicant must provide supporting documents, such as a valid passport, birth certificate, or any other relevant documents, when filing Form I-212.

6. What happens if the priority date on an I-212 application has expired?

If the priority date on an I-212 application has expired, the applicant will need to submit a new I-212 application with a current priority date. The USCIS may accept late-filed I-212 applications, but only in exceptional circumstances.

7. Can an applicant appeal or request reconsideration of an unfavorable decision on a Form I-212 application?

Yes, an applicant can appeal or request reconsideration of an unfavorable decision on a Form I-212 application. The applicant must submit a written appeal or request for reconsideration to the address listed on the notice of denial. The written appeal must include all evidence and arguments in support of reversing the decision.

8. How does a criminal history affect eligibility for filing Form I-212?

A criminal history can affect eligibility for filing Form I-212 in several ways. Depending on the type and severity of the crime committed, an immigrant may be found inadmissible to the United States. Additionally, someone with a criminal history may be barred from returning to the United States after being removed or voluntarily departing. If a person is ineligible to apply for a waiver on Form I-212, they may have to seek other forms of relief to gain admission to the United States.

9. Does filing Form I-212 guarantee admission into the U.S.?

No, filing Form I-212 does not guarantee admission into the U.S. It is an application for permission to reapply for admission after having been previously removed or deported from the United States. The application must be approved by a U.S. immigration officer before the person can be admitted back into the country.

10. Is there any way to expedite the processing of Form I-212 applications?

No, unfortunately, there is no way to expedite the processing of Form I-212 applications. All applications are processed in the order they are received by USCIS.

11. What happens if the applicant does not provide complete information on their Form I-212 application?

If an applicant does not provide complete information on their Form I-212 application, their application may be denied or they may be given an opportunity to provide additional information. The USCIS will review the incomplete application and determine whether additional information is needed before making a decision.

12. Does a pending application for permanent residence with USCIS affect eligibility for filing Form I-212?

No, a pending application for permanent residence with USCIS does not affect eligibility for filing Form I-212. However, it is important to note that individuals who are inadmissible or have a criminal history may still need to file Form I-212 in order to seek an exemption from the general inadmissibility grounds.

13. Are any waivers available to applicants seeking to file Form I-212?

Yes, waivers are available to applicants seeking to file Form I-212. It is possible to be granted a waiver if you can prove that your deportation or removal would cause extreme hardship to a qualifying relative, or if you can demonstrate that your exclusion from the U.S. would not be in the public interest.

14. Does filing Form I-212 result in a travel ban or denial of entry into the U.S.?

No, filing Form I-212 does not result in a travel ban or denial of entry into the U.S. Form I-212 is used to apply for permission to reapply for admission into the U.S. after being previously denied or removed.

15. Are there any restrictions on traveling outside the U.S. while waiting for a decision on an I-212 application?

Yes, there are restrictions on traveling outside the U.S. while waiting for a decision on an I-212 application. The applicant must remain in the U.S., unless they receive permission from the U.S. government to travel abroad. Additionally, the applicant must be able to show that they have a valid reason for traveling abroad, such as a medical emergency, family emergency, or other legitimate purpose.

16. What is the difference between filing Form I-212 and having a waiver of inadmissibility granted by USCIS or ICE?

Form I-212 is an Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This form is for individuals who have been previously removed from the United States and are requesting permission to reapply for admission or adjustment of status. This application allows individuals to waive their previous removal and be eligible to reenter the United States.

A waiver of inadmissibility granted by USCIS or ICE is a discretionary application that waives specific immigration violations for an individual who is inadmissible and seeking admission to the United States. This waiver can be granted for a variety of reasons, such as criminal convictions, health-related issues, or documentation issues. The waiver of inadmissibility allows individuals who would otherwise be ineligible to enter the United States due to specific violations to be granted admission.

17. What happens if an applicant applies for permission to reapply for admission into the U.S., but does not receive a final decision before their priority date expires?

If an applicant does not receive a final decision before their priority date expires, they will need to apply for a new visa with a new priority date. Depending on the type of petition and the circumstances, immigration may grant a motion to reopen and adjudicate the application, but this is left to the discretion of USCIS.

18. Do prior denials of admission or removal orders affect eligibility for filing Form I-212?

Yes, prior denials of admission or removal orders can affect eligibility for filing Form I-212. The form itself states that the filer must make sure they have not been denied admission to the U.S. within the last 5 years or been subject to a removal order within the last 10 years in order to be eligible to apply.

19. Are there any restrictions on employment while waiting for a decision on an I-212 application?

Yes. An individual who has submitted an I-212 application may not work in the United States until they have been granted permission to reapply for admission.

20. Can an applicant apply for permission to reapply multiple times if their priority date has expired?

No, applicants cannot apply for multiple permission to reapply if their priority date has expired.