JLA Law Group

I-212 Permission to Reapply After Deportation — Georgia Immigration Attorneys

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Any person who has been ordered removed, deported, or excluded from the United States is inadmissible under INA § 212(a)(9)(A) for specified periods of time: 5 years for those removed upon arrival, 10 years for those removed after commencement of proceedings, and 20 years for a second or subsequent removal order. Persons who have been convicted of an aggravated felony face a permanent bar to readmission. To reenter the United States lawfully before the applicable bar period expires, a person must obtain prior permission by filing Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

Form I-212 is a discretionary application — USCIS or CBP weighs positive and negative factors to determine whether to exercise discretion in the applicant's favor. Positive factors include US citizen or LPR family members, lengthy prior US residence, hardship to the applicant or family, evidence of rehabilitation, strong ties to the US, and the passage of time. Negative factors include the nature of the removal, criminal history, prior immigration violations, and other adverse factors. A compelling I-212 requires more than just meeting the threshold — it requires demonstrating that discretion should be exercised favorably.

JLA Law Group assists clients in Georgia and abroad with I-212 applications. Many clients who were removed years ago have since established families and lives in the US, or have US citizen children who are now adults. We build comprehensive I-212 packages that address the basis for removal, document changed circumstances, and present a thorough equities analysis. When I-212 must be combined with other waivers — such as I-601 for criminal inadmissibility or I-601A for unlawful presence — we manage the full package.

Steps You Should Take

1

Obtain Complete Immigration History and Removal Records

We request your full immigration file through FOIA/Privacy Act requests to USCIS, ICE, and CBP to obtain all records of your prior proceedings, removal order, and any prior I-212 filings. Understanding the basis for removal is essential to building a successful application.

2

Identify All Inadmissibility Grounds Requiring Waiver

Prior removal often overlaps with other inadmissibility grounds — criminal convictions, unlawful presence, fraud. We conduct a comprehensive analysis to identify every ground requiring a waiver so that all necessary applications are filed simultaneously.

3

Build a Comprehensive Positive Equities Record

We compile evidence of all positive factors: US citizen family members, community ties, employment history, rehabilitation evidence, support letters, and country conditions in the home country. We address the circumstances of the removal directly and explain changed circumstances.

4

File I-212 at the Appropriate Venue with Full Supporting Documentation

We prepare Form I-212 and a detailed cover brief, file at the appropriate venue (consulate, USCIS, or immigration court), and coordinate with any simultaneous I-601 or I-601A filings. Call JLA Law Group at (770) 609-9396 to evaluate your I-212 case.

Frequently Asked Questions

When must I file Form I-212?
You must file I-212 before attempting to reenter the US during the applicable bar period. Filing after entry without permission can result in additional grounds of inadmissibility. For consular cases, I-212 is typically filed at the consulate post or submitted in advance. For adjustment of status applicants in the US, I-212 may be filed with USCIS. For persons at the border, CBP has jurisdiction in some circumstances.
How long are the bars under INA § 212(a)(9)(A)?
Under INA § 212(a)(9)(A): (1) 5-year bar for persons removed as inadmissible upon arrival or who withdrew their application for admission; (2) 10-year bar for persons removed during or after removal proceedings; (3) 20-year bar for a second or subsequent removal; (4) permanent bar for persons convicted of an aggravated felony. For the permanent bar, I-212 permission may be sought but is rarely granted.
What is the difference between I-212 and I-601?
I-212 (permission to reapply) addresses the bar imposed specifically by prior removal or deportation under § 212(a)(9)(A). I-601 (waiver of inadmissibility) addresses other inadmissibility grounds such as criminal convictions under § 212(a)(2) or unlawful presence under § 212(a)(9)(B). Many cases require both forms — I-212 for the removal bar and I-601 for additional grounds.
What factors does USCIS consider when adjudicating I-212?
USCIS applies a totality of circumstances discretionary analysis considering: the reason for removal, moral character, respect for law, evidence of reformation, family responsibilities and ties in the US, hardship to the applicant and US family members, length of residence abroad since removal, need for the applicant's services in the US, whether the underlying inadmissibility has been overcome, and the probability of successful adjustment if admitted.
Can I file I-212 from within the United States?
Generally, I-212 is filed by persons seeking to return from outside the US. However, in certain adjustment of status proceedings before USCIS or in removal proceedings before the Immigration Court, I-212 can be filed as part of a package seeking to regularize status. The appropriate filing venue depends on the specific posture of your case.

Applicable Laws

INA § 212(a)(9)(A) / 8 U.S.C. § 1182(a)(9)(A)Inadmissibility grounds for prior removal: 5-year bar for arrival removals, 10-year bar for removal during or after proceedings, 20-year bar for second removal, permanent bar for aggravated felony convictions.
8 CFR § 212.2USCIS regulations governing Form I-212 applications including filing procedures for different venues (CBP, USCIS, consulates), required documentation, and the discretionary factors applied in adjudication.
INA § 212(a)(9)(B) / 8 U.S.C. § 1182(a)(9)(B)Unlawful presence bars (3-year and 10-year) that frequently accompany removal orders, requiring concurrent I-601 or I-601A waivers alongside the I-212 permission to reapply.
Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006)BIA decision addressing the scope of the permanent bar for aggravated felons under § 212(a)(9)(A)(ii), including the discretionary factors applicable to I-212 applications despite the permanent inadmissibility ground.

Related Services

Perdón 212(h) por Antecedentes PenalesLey de InmigraciónPerdón 212(i) por FraudeLey de InmigraciónAjuste de EstatusLey de Inmigración

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