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Re-applying After Being Deported

March 14th, 2012 by Romona Paden

If you have been deported and want to reapply for admission, you may have to file form I-212. An alien who is not admissible under sec.212 (a) (9) or (c) of the Immigration and Nationality Act has to file this form to obtain consent to reapply for admission before he can legally return to the U.S. The aliens are also inadmissible for a period stipulated by the INA, depending on how many times they have been removed. If the individual who attempts to return to the U.S without admission, they will be inadmissible according to the INA, if they had been illegally in the U.S for over a year.

The filing of this form also depends on the reason of your inadmissibility. Those who are applying for form I-212 should check the form instructions and find out the filing location. That is, it should be filed with the U.S Customs and Border Protection, the U.S. Department of State, Executive Office for Immigration Review or the USCIS.

  1. If you want admission as a non-immigrant at a U.S. Port of entry and you are not required to get a non-immigrant visa, you should file form I-212 with CBP. Filing this form is generally done in person.
  2. Citizens of Palau, the Federated States of Micronesia, or the Marshall Islands may contact the nearest U.S. Consulate to find out where to submit this form.
  3. If you are getting admission as an immigrant and seeking adjustment of status, you should file form I-212 according to the instructions given in the immigration court.
  4. If you are abroad and are applying for an immigrant visa, submit this form to the local office where your deportation proceeding was held.
  5. If you are in the U.S and will be filing for a waiver under sec.212(g) or (h) you may file with the American.
  6. If you are in the US and want to apply for adjustment of status under sec.245 of the INA or want to reapply before your departure from the U.S you may have to submit at the local office having jurisdiction over the place you live.
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