Filing this form with the USCIS, and having it approved, does not necessarily mean you will be able to enter the United States again, it simply means that your inadmissibility for a visa could be waived and you could start the application process all over again.
This form is included in the list of initial evidence that the USCIS might need for those who are also applying for a green card.
How the process works
Individuals who have been found inadmissible under INA section 21a or 212a can apply for this form. Basically in both of these sections, the following inadmissibility grounds are covered:
- An individual who was found by the Secretary of Health and Human Services to be a drug abuser or addict
- An individual who failed to attend their removal proceedings while in the United States and was later removed.
- An individual who has committed a crime with the possession of a controlled substance/or a crime of moral turpitude
- An individual who committed identity fraud and was placed into removal proceedings
- An individual has overstayed their visa and is living in the United States with an expired visa.
The above-mentioned scenarios could subject a valid or expired visa holder or green card holder to removal proceedings because they have violated immigration laws they pledged they would not violate when they were granted a visa.
How long do you have to wait to file an I-212?
In addition to being removed from the U.S., most aliens will have attached a certain time period they will be inadmissible to return for. The period of time an alien is deemed inadmissible or ‘barred’ from seeking re-entry depends on the reason for the alien’s removal, circumstances surrounding their removal, and their period of unlawful presence. Individuals who commit a single offense will receive a 5-year ban, while those who have committed multiple crimes or have been living under an expired visa for a long time could receive a longer ban.
Processing Time and Filing Fee
For those who have waited for the entire period of their barring, they may then file an I-212. Depending on the reason an individual was found inadmissible or the reason they were deported, applicants will either need to follow with the USCIS, Customs and Border Patrol (CBP), or the U.S. State Department. Luckily, all one has to do in order to find the correct address to send their I-212 is refer to the following USCIS chart that corresponds to multiple scenarios with their correct filing address: https://www.uscis.gov/forms/direct-filing-addresses-for-form-i-212-application-for-permission-to-reapply-for-admission-into-the.
The filing fee is 930 USD.
Applicants should wait at least 140 days from they submitted their I-212 before making an inquiry about the status of their application. A full review can take up to six months or longer.