Immigration Blog

March 30, 2025

Waiver 212 for permission to reapply: Who needs it

A young man looking at a laptop screen while submitting his Form I-212

Form I-212 is necessary for individuals who wish to reapply for admission into the United States after deportation or removal. The following categories of people need to file this application:

  1. Actually Removed: Individuals who were physically removed from the United States.
  2. Departed Voluntarily After Removal Order: Those who left the United States voluntarily after being issued an order of removal.
  3. Convicted of an Aggravated Felony: Individuals seeking admission or adjustment of status who have been convicted of an aggravated felony.
  4. Overstayed Visa: Those requesting to return to the U.S. after overstaying a visa.
  5. Time Periods Post-Removal:
    • 5 years: If removed once as an arriving alien.
    • 10 years: If removed once, not as an arriving alien.
    • 20 years: If removed more than once, regardless of arriving status.
  6. Immigrant Visa Applicants: Individuals applying for an immigrant visa.
  7. Nonimmigrant at Port-of-Entry: Applicants wishing to seek admission as a nonimmigrant at a U.S. port-of-entry but not required to obtain a nonimmigrant visa (CBP jurisdiction).
  8. Nonimmigrant Visa Applicants at Consulate: Those applying for a nonimmigrant visa at a U.S. Consulate, who will be advised by the consulate on filing requirements.

**Important Note**: Do not return to the United States before filing the application for consent to reapply and receiving approval from the Department of Homeland Security (DHS). Returning unlawfully can lead to permanent inadmissibility and significant consequences such as reinstatement of the removal order, criminal prosecution, and a permanent bar from admission.

Who Might Not Require a Waiver 212?

Some individuals do not require a waiver 212, including:

  • Refused Entry but Not Formally Removed: Refused entry at the border without formal removal.
  • Withdrawn Application at Border: Allowed to withdraw the application for admission at the border and departed within the specified time.
  • Paroled After Deportation: Previously deported but paroled into the United States.
  • Voluntary Departure: Applicants who left the U.S. during the time period specified in a voluntary departure order from an immigration judge.
  • U Nonimmigrant Status applying for adjustment of status.
  • Temporary Protected Status (TPS) Applicants
    For more information or a free consultation, contact Attorney Diana Bailey, who has over 20 years of experience in immigration law. Please contact us at (503) 224-0950.