I-212 Waiver Guide: Permission to Reapply After Deportation

If you have been deported, removed, or excluded from the United States, you are generally barred from returning for 5, 10, or 20 years — depending on the circumstances. Form I-212, Application for Permission to Reapply for Admission, allows you to request early permission to apply for a visa or admission before the bar period ends.

What Is the I-212 Waiver?

Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) is required if you have been previously deported or removed from the United States and want to return. Without an approved I-212, individuals who were removed are barred from re-entering the U.S. for 5, 10, or 20 years — or permanently, depending on the circumstances of the removal.

Who Needs an I-212?

You need an I-212 waiver if you were formally removed (deported) from the United States, you received a voluntary departure order and departed, you were removed through expedited removal at the border, you were removed and subsequently re-entered illegally (which triggers a permanent bar with a possible waiver after 10 years), or you had an in absentia removal order (you were ordered removed because you did not appear in court).

Re-Entry Bars After Removal

5-year bar: Applies to individuals removed through expedited removal, voluntary departure under a removal order, and those removed after withdrawal of their application for admission. 10-year bar: Applies to individuals removed after a full removal hearing before an immigration judge. 20-year bar: Applies to individuals removed two or more times. Permanent bar: Applies to individuals who re-entered illegally after being removed, aggravated felons who were removed, and certain terrorism-related removals. The permanent bar can only be waived after 10 years by showing extraordinary circumstances.

How to File

File Form I-212 with USCIS. The filing fee is $930. Include a detailed statement explaining why you should be readmitted, evidence of rehabilitation (if applicable), evidence of family ties in the U.S. (especially U.S. citizen or LPR family members), evidence of hardship to qualifying relatives if you remain excluded, your immigration history including all prior removal orders, and any evidence of good moral character since the removal. If you also need an I-601 waiver (for unlawful presence or other inadmissibility), you may need to file both.

Approval Factors

USCIS exercises discretion in deciding I-212 cases. Positive factors include strong family ties to the U.S. (especially U.S. citizen spouse or children), long residence in the U.S. before removal, evidence of rehabilitation (steady employment, community involvement), no criminal history, and significant time elapsed since the removal. Negative factors include multiple removals, criminal convictions, re-entry after removal, lack of family ties, and a short time since removal.

Processing Time

I-212 processing typically takes 6-18 months. The case may be adjudicated by the USCIS office with jurisdiction over your intended U.S. residence or by the consulate where you plan to apply for a visa. An approved I-212 does not guarantee admission — it only removes the re-entry bar. You still need to qualify for a visa or other immigration benefit.

I-212 + I-601 Combination

Many applicants need both an I-212 (to overcome the removal bar) and an I-601 (to overcome unlawful presence or other inadmissibility). Filing both simultaneously is common. The evidence packages overlap but each form has its own requirements. An experienced immigration attorney is essential for these combined waiver cases.

Last verified: April 2026 · Reviewed by USImmigrationLaw.Today editorial team.