Waiver I 212

 

Waiver I 212

The I-212 waiver is to reenter and reapply for admission to the United States after deportation. This situation occurs when, at the time of applying, the applicant is inadmissible under section 212 (a)(9)(A) or (C) of the Immigration and Nationality Act (INA) and must request consent to reapply for admission to the United States. The consent to reapply for admission is also known as permission to reapply.

Applicant should:

  • If applying for a nonimmigrant visa (other than an applicant for a K, T, U, or V visa), the applicant must submit the application to the U.S. Consulate with jurisdiction over their nonimmigrant visa. The U.S. Consulate will provide instructions on how to submit and request consent to reapply.

  • If the applicant is seeking admission as a nonimmigrant at a United States port of entry and is not required to obtain a nonimmigrant visa, must submit their application to U.S. Customs and Border Protection.

  • If applying for a K or V nonimmigrant visa under section 101 (a)(15)(K) and (V) of the INA, the applicant may request consent to reapply for admission to the United States after attending their visa interview at a U.S. Consulate and after a consulate officer has determined that he/she is inadmissible.

  • If an immigrant visa applicant is outside of the United States and need a concurrent waiver by filing Form I-601, will be able to apply for both waiver and consent to reapply for admission to the United States after attending the visa interview at a United States consulate and after officer has determined that he/she is inadmissible.