Looking for a Uscis Forms And Templates? Download it for free!

Applicants for certain immigration benefits may be able to obtain a waiver of inadmissibility under INA section 212(a)(9)(A)

or (C) instead of consent to reapply for admission. See the Waiver of Inadmissibility Instead of Consent to Reapply

section below.

Waiver of Inadmissibility Instead of Consent to Reapply

Some applicants do not have to file Form I-212 to overcome their inadmissibility under INA section 212(a)(9)(A) or (C).

If you fall under one of the categories listed below, you may apply for a waiver of your grounds of inadmissibility by

using the following applications below.

1. Use Form I-601, Application for Waiver of Grounds of Inadmissibility, if:

A. You are an applicant for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act

(NACARA) section 202;

B. You are an applicant for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998

(HRIFA) section 902;

C. You are a T nonimmigrant applying for adjustment of status under 8 CFR 245.23; or

D. You are an approved Violence Against Women Act (VAWA) self-petitioner seeking adjustment of status who is

inadmissible under INA section 212(a)(9)(C).

NOTE: If you are inadmissible under INA section 212(a)(9)(A) and (C), you should file Form I-212 and Form I-601.

2. Use Form I-690, Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the

Immigration and Nationality Act, if:

A. You are an applicant for adjustment of status based on any legalization program under INA section 245A; or

B. You are an applicant for adjustment of status based on any legalization program under INA section 210 (Special

Agricultural Workers).

3. Use Form I-192, Application for Advance Permission to Enter as Nonimmigrant, if:

A. You are an applicant for U nonimmigrant status. You must file your Form I-192 with your Form I-918, Petition

for U Nonimmigrant Status. You do not need to file Form I-212 or a new waiver application if you are already in

U nonimmigrant status and applying for adjustment of status under 8 CFR 245.24;

B. You are an applicant for T nonimmigrant status. You may file Form I-192 with your Form I-914, Application for

T Nonimmigrant Status; or

C. You are an applicant for nonimmigrant status and inadmissible under INA section 212(a)(9)(C)(i)(I) for unlawful

presence and subsequent reentry without admission or parole. You may be eligible for a waiver of inadmissibility

authorizing you to enter as a nonimmigrant under INA section 212(d)(3)(A) at any time and as an alternative

to consent to reapply, but only if you wish to seek admission to the United States as a nonimmigrant. This

authorization is temporary and does not eliminate the INA section 212(a)(9)(C)(i)(I) ground of inadmissibility

for immigrant purposes or future entries as a nonimmigrant. See the instructions for Form I-192 to determine

whether and how you may obtain a waiver of a ground of inadmissibility for authorization to enter as a

nonimmigrant under INA section 212(d)(3)(A).

Form I-212 Instructions 12/23/16 N

Page 4 of 18

Instructions For Form I-212 - Application For Permission To Reapply For Admission Into The United States After Deportation Or Removal Page 4