I-212 Permission to Reapply After Removal: Process, Timing, and Risk Analysis
The I-212 is not a waiver of hardship. It is a request for consent to seek admission after a prior removal,
deportation, or unlawful reentry bar. This section explains how the I-212 works in practice,
when it is required, and where cases commonly fail.
It is often required in addition to other waivers—most commonly an I-601 or I-601A—depending
on the facts.
Start with the underlying bars:
Removability vs inadmissibility →
How the I-212 process works
The I-212 asks the government to consent to a future application for admission despite a prior removal-related bar.
Approval is discretionary and highly fact-dependent.
Official USCIS overview:
Form I-212, Application for Permission to Reapply
timing of departure, and any subsequent reentries. The I-212 must align with the
specific statutory bar at issue.
Many cases require an I-212 plus an I-601 or I-601A.
Related:
I-601 waiver →
|
I-601A →
time elapsed, compliance since removal, family ties, and evidence of rehabilitation.
Adjudicative framework reference:
USCIS Policy Manual, Vol. 9, Part E
Timing and sequencing considerations
When the I-212 is filed—and with what other applications—can determine whether a case
moves forward smoothly or stalls for months.
is outside the United States or in limited contexts from within the U.S.
is critical to avoid unnecessary delays.
Related:
Consular processing overview →
Common risk points in I-212 cases
I-212 denials frequently stem from misidentifying the bar, underestimating discretionary review,
or ignoring overlapping inadmissibility grounds.
but the core inquiry is discretionary consent in light of immigration history.
change eligibility and timing. These must be identified before filing.
often separate waivers.
FAQs: I-212 Permission to Reapply
Is the I-212 a waiver of hardship?
Hardship may be relevant, but it is not the legal standard.
Can I need both an I-212 and an I-601?
depending on the grounds involved.
Does approval guarantee a visa?
and clear all other admissibility requirements.