I-212 Application for Permission to Reapply for Admission
consulates
I-212 Application for Permission to Reapply for Admission To The U.S. after Deportation

  • Congress imposed harsh restrictions on the re-entry of foreign nationals who have been previously ordered removed with passage of the Illegal Immigration Reform and the Immigration Responsibility Act of 1996 (IIRAIRA).
  • Aliens who have been ordered removed may not be readmitted to the United States until they have remained outside the country for a specified period of time: (a) Five years for individuals removed through summary exclusion or through removal proceedings initiated upon the person’s arrival in the United States; (b) 10 years for those otherwise ordered removed after a deportation hearing or who departed the United States while an order of removal-was outstanding; and (c) 20 years for a sec¬ond or subsequent removal order. The bar to readmission is permanent for foreign nationals convicted of an aggravated felony.
  • Foreign nationals who wish to return to the United States prior to the passage of the required amount of time, as specified in §§212(a)(9)(A)(i) and (ii), must file an application for permission to reapply for early admission pursuant to NA §212(a)(9)(A)(iii).
  • Foreign nationals ordered removed require permission to reapply for admission unless they present proof that they have remained outside the United States for the statutorily required period of time.
  • U.S. Citizenship and Immigration Services (USCIS) has broad discretionary au¬thority when it comes to evaluating requests for permission to reapply. There are no prerequisites such as qualifying family members.
  • USCIS considers applications on a case-by-case basis, taking into consideration all of the favorable and unfavorable fac¬tors presented by the applicant.

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