Instructions For Form I-212 - Application For Permission To Reapply For Admission Into The United States After Deportation Or Removal Page 7

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Removal Under Any Provision of U.S. Law
Removal under any provision of U.S. law includes, but is not limited to:
1. An exclusion and deportation order under INA section 236 as it existed prior to April 1, 1997;
2. Arrest and deportation from the United States under any U.S. law prior to April 1, 1997;
3. Removal under INA section 217 for a violation of terms of admission of the Visa Waiver Program;
4. Removal under INA section 235(c) for security and related grounds;
5. Removal as a stowaway under INA section 235(a)(2);
6. Removal under INA section 238(b) after conviction of an aggravated felony;
7. Removal after revocation of the crewmember’s landing permit under INA section 252(b); and
8. Removal as an alien in distress under INA section 250.
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.
If You Are Inadmissible Under INA Section 212(a)(9)(C)
You must seek consent to reapply if, on or after April 1, 1997, you entered or attempted to reenter the United States
without being admitted or paroled after:
1. You had been unlawfully present in the United States after April 1, 1997, for a total period of more than one year
(INA section 212(a)(9)(C)(i)(I)); or
2. You had been ordered removed from the United States under any provision of the INA or any other provision of law
before, on, or after April 1, 1997 (INA section 212(a)(9)(C)(i)(II)).
If you are inadmissible under INA section 212(a)(9)(C)(i), you are permanently inadmissible and will always need to
request consent to reapply for admission before you return to the United States. Also, each time you reenter or attempt
to reenter the United States without admission or parole, you incur a new inadmissibility under INA section 212(a)(9)(C).
You may not obtain consent to reapply for readmission unless you leave the United States and remain outside the country
for at least 10 years since your most recent departure.
NOTE: If you intend to seek admission to the United States as a nonimmigrant and are inadmissible under INA section
212(a)(9)(C)(i)(I) (unlawful presence for a total of more than one year, in the aggregate, and subsequent reentry without
admission or parole), you may be eligible for a waiver of inadmissibility under INA section 212(d)(3)(A) instead of
consent to reapply for admission. This authorization is temporary and does not eliminate INA section 212(a)(9)(C)(i)(I)
ground of inadmissibility for future immigrant purposes.
Criminal Penalties Under INA Section 276
You may be subject to criminal prosecution and, if convicted, sentenced to prison under INA section 276, if you:
1. Have been denied admission;
2. Were excluded, deported, or removed from the United States; or
3. Have departed the United States while an order of exclusion, deportation, or removal is outstanding;
Form I-212 Instructions 12/23/16 N
Page 7 of 18

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