Instructions For Form I-212 - Application For Permission To Reapply For Admission Into The United States After Deportation Or Removal Page 6

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If you seek admission to the United States before the appropriate inadmissibility period is over, you must file
an application for consent to reapply for admission to the United States.
If you do not know the provision of law that was the basis for your exclusion, deportation, or removal from the United
States, review the official documents you received during your proceedings. These documents should indicate the section
of law that applies to your case.
NOTE: If you have remained outside the United States for the entire inadmissibility period, you are no longer required
to seek consent to reapply. Under INA section 276(a)(2)(B), you also will not be subject to criminal liability under INA
section 276(a) if you return lawfully to the United States through a U.S. port-of-entry. If you are granted consent to
reapply for admission to the United States during the inadmissibility period, your inadmissibility under INA 212(a)(9)(A)
(i) no longer applies.
NOTE: Even if the inadmissibility period under section 212(a)(9)(A)(i) has already passed (you were required to remain
abroad for 5 or 20 consecutive years, and have done so, and have not been convicted of an aggravated felony), you will
become inadmissible under INA section 212(a)(9)(C) if you enter or attempt to enter the United States without being
inspected and admitted or paroled.
If You Are Inadmissible Under INA section 212(a)(9)(A)(ii)
You must obtain consent to reapply if you seek admission to the United States during the period specified in INA section
212(a)(9)(A)(ii) and you are inadmissible because:
1. You were removed from the United States under INA section 240;
2. You were ordered removed under any other provision of U.S. law; or
3. You departed from the United States on your own while an order of exclusion, deportation, or removal was
outstanding (for example, you left after you were ordered removed, but before the U.S. government could physically
remove you based on your order of removal). This does not include a voluntary departure granted under INA section
240B if you departed the United States during the time period specified in your voluntary departure order.
The periods during which you must obtain consent to reapply before you can apply for admission to the United States
again are:
1. 10 years from the date of departure or removal, if you were only removed once;
2. 20 years from the date of departure or removal, if you were removed two or more times; or
3. Forever, if you were 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.
NOTE: If you have remained outside of the United States for the entire inadmissibility period, you are no longer required
to file this application. Under INA section 276(a)(2)(B), you also will not be subject to criminal liability under INA
section 276(a), if you return lawfully to the United States through a U.S. port-of-entry. If you are granted consent to
reapply for admission to the United States during the inadmissibility period, your inadmissibility under INA 212(a)(9)(A)
(ii) no longer applies.
NOTE: Even if the inadmissibility period under section 212(a)(9)(A)(ii) has already passed (you were required to remain
abroad for 10 or 20 years, and have done so, and have not been convicted of an aggravated felony), you will become
inadmissible under INA section 212(a)(9)(C) if you enter or attempt to enter the United States without being inspected and
admitted or paroled.
Form I-212 Instructions 12/23/16 N
Page 6 of 18

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