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Even if you are in one of the categories of applicants listed above, you may not file an application for consent to reapply

if you are inadmissible under INA section 212(a)(9)(C) and:

1. You are in the United States; or

2. You have not been physically outside the United States for more than 10 years since the date of your last departure

from the United States.

Who May Not Be Required to File For Consent to Reapply?

If any of the following apply to you, you may not be inadmissible under INA section 212(a)(9)(A) or (C), or both, and

would not need to seek consent to reapply for admission to the United States:

1. You were inadmissible under INA 212(a)(9)(A), but your inadmissibility period has expired (see the Detailed

Descriptions of Grounds of Inadmissibility Under INA Sections 212(a)(9)(A) and (C) and Criminal Penalties

Under INA Section 276 section of these Instructions to determine whether one or both of these grounds of

inadmissibility apply to you);

2. You were allowed to withdraw your application for admission at the border, and you departed from the United States

within the time specified for your departure;

3. You were refused entry at the border, but not formally removed;

4. You were refused admission as an applicant under the Visa Waiver Program;

5. You departed from the United States after having been unlawfully present for a year or more, in the aggregate, but you

are not inadmissible under INA section 212(a)(9)(C)(i)(1) because, when returning to the United States through a U.S.

port-of-entry, you were paroled into the United States;

NOTE: Even if you were paroled when returning to the United States, after having been unlawfully present for a year

or more, in the aggregate, you may still be inadmissible under INA section 212(a)(9)(B). You may be eligible under

INA section 212(a)(9)(B)(v) for a waiver of this ground of inadmissibility. For more information on waivers, visit

and review the instructions for Form I-601 or Form I-601A.

6. You were previously deported from the United States after having been ordered excluded, deported, or removed, but

you are not inadmissible under INA section 212(a)(9)(C)(i)(I) because, when returning to the United States through a

U.S. port-of-entry, you were paroled into the United States;

NOTE: Even if you were paroled when returning to the United States after having left under an order of exclusion,

deportation, or removal, you may still be inadmissible under INA section 212(a)(9)(A), as discussed in the Who

Should File This Application section of these Instructions.

7. You received an order of voluntary departure from an immigration judge and left the United States during the time

period specified in your voluntary departure order;

8. You are an applicant for Registry under INA section 249;

9. You are in U nonimmigrant status and you are applying for adjustment of status under 8 CFR 245.24; or

10. You are an applicant for Temporary Protected Status (TPS) under INA section 244.

NOTE: Although you may be inadmissible under INA section 212(a)(9)(A) or (C), U.S. Citizenship and Immigration

Services (USCIS) cannot consider your inadmissibility under these provisions for purposes of a TPS application

because INA section 244(a)(5) states that a TPS applicant’s current status may not be considered as part of the

adjudication of TPS. Therefore, TPS applicants do not need to file Form I-212 to establish eligibility for TPS. Your

inadmissibility under INA section 212(a)(9)(A) or (C), however, may remain relevant and be considered for the

purposes of other immigration benefits.

Form I-212 Instructions 12/23/16 N

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Instructions For Form I-212 - Application For Permission To Reapply For Admission Into The United States After Deportation Or Removal Page 3