Which Immigration Form To File To Seek Permission To Reapply To Enter Us Again?

By Author: Harriet Martin
Total Articles: 7
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Under section 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA) an alien who is inadmissible files Form I-212 to obtain "consent to reapply for admission" . "Consent to reapply" is also called "permission to reapply" is required before the alien can lawfully return to the United States. Individuals after having been removed from the United States who seek admission to the United States are inadmissible for the period specified in INA section 212(a)(9)(A). On the basis of the prior removal and on how many times they have been removed the period varies per alien.

Who can file Form I-212?

Under INA section 212(a)(9)(A)departure while a removal order is in effect also makes someone inadmissible. Unlawfully returning without permission or without getting consent to reapply also may have penalty. Under INA section 276 you could be prosecuted in criminal court or under INA section 212(a)(9)(C) you could be barred for 10 years or permanently from admission to the US. Therefore, an applicant for an immigrant visa inadmissible under INA section 212(a)(9)(A) and not Under INA section 212(a)(9)(C) only ...
... can file the immigration Form I-212.

Also adjustment of status applicant under INA section 245, other than T or U visa adjustment seekers, should file application for permission to reapply for admission into the United States after deportation or removal.

Applicant may obtain consent to reapply during the period specified in INA section 212(a)(9)(A)(ii) which could be 10 years if removed once, if removed twice or more timed its 20 years and forever if alien was convicted in an provoked felony. Provision under which you were removed would be indicated in the paperwork alien received during the removal process. If the time has passed or alien is granted permission to reapply the inadmissibility no longer exists.

Where to file?

1. US customs and border protection (CBP) – As a non immigrant not requiring a visa applicant can file Form I-212 at a designated port of entry in person.

2. Department of State Consulate

a) In case applicant has applied for non immigrant visa other than K, T, U or V or nonresident border crossing cards you need to apply for consent to reapply at the consulate having jurisdiction over your area of residence.

b) For K or V visa applicants the consular officer would forward the Form I-212 to the USCIS office which serves the applicant’s place of residence.

c) An immigrant visa applicant should file concurrently a waiver Form I-601 which the consular officer would forward to respective USCIS office.

3. With United States Citizenship and Immigration Services (USCIS)

a) Vermont Service Center – Adjustment of status or VAWA self petition (Form I-360) based Immigrant visa applicant can apply for consent to reapply directly with : USCIS - Vermont Service Center, 75 Lower Welden Street, St. Albans, VT 05479-0001.

b) USCIS field office

i) Applicant who is inadmissible only under INA section 212(a)(9)(A) and apply to adjust the status staying in US should apply concurrently permission for reentry and Form I-485 at the USCIS office specified on Form I-485. If the applicant already has a Form I-485 pending, Form I-212 should be separately be filed at the field office or service center of USCIS where Form I-485 is currently pending.

ii) Immigrant visa applicant in US but not required to file waiver Form I-601 should file the consent to reapply with the Director of field office where the removal proceedings were held. If applicant is inadmissible because of a year or more period of unlawful presence but has not been in removal proceedings the Form I-212 should be filed with the field office director having jurisdiction over the intended place of residence.

4. With Executive office for Immigration review (EOIR) of the US Department of justice (DOJ)

a) If the applicant has a adjustment of status application pending, reviewed or filed in a proceeding before an immigration judge, Form I-212 filing instruction should be got from the court.

5. Applicant in any other circumstances not listed above should file consent to reapply with the director of USCIS field office who lastly handled any of his/her recent immigration proceedings.