Form I-212: Application for Permission to Reapply

The immigration reentry process can be complex. There are many documents and forms involved, and the specific requirements can vary depending on your situation. One important part of this process is Form I-212, formally titled “Application for Permission to Reapply for Admission into the United States After Deportation or Removal.” This form is required for people who have been previously deported or removed from the U.S. and now seek lawful reentry.

Many immigrants find this process daunting and need help understanding the rules, filing fees, and supporting documents required. If you find yourself in this situation, the immigration attorneys at Henry & Grogan can guide you through the intricacies of the form and the overall process.

What Is Form I-212?

Form I-212 allows a previously deported alien to seek permission to reapply for admission to the U.S. This applies to individuals who were involved in removal proceedings or who left the country without authorization. However, it’s important to remember that filing Form I-212 doesn’t guarantee reentry. U.S. Citizenship and Immigration Services (USCIS) will carefully consider your application based on immigration laws and your current immigration status.

Form I-212 Processing Time

Processing times for Form I-212 can vary based on individual circumstances. On average, it can take several months to over a year. Factors affecting this duration include the workload of the USCIS office handling your case, the current immigration status, and any pertinent circumstances relating to your situation.

For example, if you are in expedited removal proceedings, your application might be processed quicker than if you’re out-of-country applying for an immigrant visa. However, delays can occur if additional documentation is needed or if your application needs further review by an immigration judge. It’s important to be aware of favorable and unfavorable factors that can influence the time it takes to process your application.

Form I-212 Eligibility

Eligibility for Form I-212 primarily hinges on your previous immigration history and current circumstances. If you’ve been previously deported or removed from the U.S., you must demonstrate why you should be allowed to reapply for admission. Key factors considered include the length of time since your last departure, your family responsibilities in the U.S., and any employment records that show a stable work history.

Other pertinent circumstances relating to your eligibility might involve whether you have a nonimmigrant visa pending or if you are seeking an immigrant visa. Your moral character and the hardship involved in not being able to reenter the U.S. are also critical components. It’s essential to provide compelling evidence to support your request to seek permission for reentry.

Scenarios That Can Land You With a Permanent Bar

Certain scenarios can lead to a permanent bar, making it impossible to seek admission to the U.S. One common situation involves entering the U.S. illegally and marrying a citizen without legal entry. Another involves an alien unlawfully present in the U.S. for over a year, then departing for personal reasons, only to attempt reentry illegally. Both scenarios place you at risk of never being able to reapply for admission. The consequences of these actions are severe and can lead to removal proceedings, making it challenging to return to the U.S. legally.

What Must Be Submitted With the Application?

When filing Form I-212, you must submit all required documents accurately. This includes proof of your current immigration status, evidence of family responsibilities, employment records, and any specified period in which you were previously deported. Additionally, you must include the filing fee and any other pertinent circumstances relating to your case. Your application should also contain letters of recommendation, proof of ties to the community, and other evidence showcasing your moral character. Providing thorough documentation helps build a strong case, highlighting favorable factors while addressing any unfavorable ones.

How to File Form I-212

Filing Form I-212 involves several steps, starting with completing the form accurately. Double-check for any errors or omissions before submitting it. Attach all necessary documentation, including proof of your identity, prior deportation, and any pertinent circumstances relating to your case.

Submit the form to the appropriate USCIS office along with the filing fee. If you have a pending immigrant visa, coordinate with the consulate handling your visa issuance. In some cases, you may also need to appear before an immigration judge to support your application. Ensuring all documents are in order and presenting your case clearly can help streamline the process.

Receive Assistance From Henry & Grogan

Henry & Grogan helps immigrants apply for reentry through Form I-212. We are committed to helping you seek permission to reapply for admission, guiding you through every step. From gathering necessary documentation to representing you in hearings, we provide comprehensive support. Contact Henry & Grogan today to discuss your case and learn how we can assist you in reentering the U.S. legally.