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When Should You Apply for Consent to Reapply?

If You Are Inadmissible Under INA Section 212(a)(9)(A)

1. If you have already been excluded, deported, or removed from the United States and are currently outside the country,

you must seek consent to reapply before returning to the United States.

2. If you have been ordered removed, but have not left the United States, and will be applying for an immigrant visa

abroad, you may file your application for consent to reapply before you leave the United States under the removal

order. If the agency, at its discretion, chooses to approve your application for consent to reapply, the approval is

considered conditional until you actually depart the United States. Consent to reapply for admission in this situation

applies only to inadmissibility under INA section 212(a)(9)(A). You cannot file an application for consent to reapply

for admission while you are in the United States if you are inadmissible under INA section 212(a)(9)(C).

3. If you are ordered removed again after approval of consent to reapply, you will have to file a new application for

consent to reapply. A conditional approval does not protect you from any other ground of inadmissibility that may

result from your departure from the United States, including under INA section 212(a)(9)(B). See the Where to File

section of these instructions to determine whether you qualify for the advanced, conditional approval.

If You Are Inadmissible Under INA Section 212(a)(9)(C)

1. If you are inadmissible under INA section 212(a)(9)(C)(i), you are permanently inadmissible and will always need

to request for consent to reapply for admission BEFORE you return to the United States.

2. You cannot file an application for consent to reapply until you have left the United States and have remained outside

the country for at least 10 years since your last departure. After 10 years, you must request consent to reapply before

you seek admission to the United States.

Detailed Description of Grounds of Inadmissibility Under INA Sections 212(a)(9)(A) and (C) and

Criminal Penalties Under INA Section 276

If You Are Inadmissible Under INA Section 212(a)(9)(A)(i)

You must seek consent to reapply if you seek admission to the United States during the period specified in INA section

212(a)(9)(A)(i) and you are inadmissible because:

1. You were removed from the United States as an inadmissible alien through expedited removal proceedings under INA

section 235(b)(1) that were initiated when you arrived at a U.S. port-of-entry; or

2. You were removed from the United States as an inadmissible, arriving alien under INA section 240, and the removal

proceedings were initiated when you arrived at a U.S. port-of-entry.

The periods of time during which you must obtain consent to reapply for admission before you can apply for admission to

the United States again are:

1. 5 years from the date of removal, if you were only removed once;

2. 20 years from the date of removal, if you were removed two or more times; or

3. Forever, if you are an alien who has been convicted of an aggravated felony (as defined in INA section 101(a)(43)).

You must obtain consent to reapply for admission, even if you were not removed because of the aggravated felony

conviction and even if you were convicted of the aggravated felony after you were removed from the United States.

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 5