Apply for Form I-212 to Reenter the US After Deportation or Removal

If you are a Thai or foreign national who has been deported or removed from the US, returning is no longer as simple as applying for a new US visa. Before the US government considers your request to reenter the country, you may first need to submit Form I-212, which is officially known as the "Application for Permission to Reapply for Admission into the United States After Deportation or Removal."

What is the US Form I-212?

You will need to submit Form I-212 if you were removed, deported, or excluded from the US and want to return before the end of your reentry ban. Depending on the reason for your removal or deportation, the ban can last from 5 to 20 years. In the most serious cases, you may face a permanent reentry ban.

By submitting Form I-212, you are formally requesting permission from the Department of Homeland Security to reapply for admission. However, an approved application does not guarantee reentry into the US, but it will allow you to submit a new US visa or green card application for review.

Who Needs to File Form I-212?

You may need to file Form I-212 if you were subject to a reentry ban and want to return to the US. This form applies in specific situations based on your immigration history and how you left the country:

• You voluntarily departed from the US after receiving a removal order
• You were formally removed or deported from the US
• You were previously found inadmissible under the Immigration and Nationality Act (INA)
• You are seeking admission or applying for an adjustment of status while still under a reentry ban
• You are applying for an immigrant or non-immigrant visa before your reentry bar has expired
• You are requesting admission as a nonimmigrant at a port of entry and are from a country eligible for the US Visa Waiver Program

If your reentry ban has already expired and you are not inadmissible under any other provision of the law in the US, you may not need to file Form I-212. With that said, many applicants are unaware that they fall under one of the conditions above until their visa or green card application is denied, so submitting this form in advance can help you avoid potential issues later on in the process.

Required Documents to File Form I-212

To strengthen your Form I-212 application, you’ll need to provide documents that explain your immigration history, your ties to the US, and your reason for requesting reentry. The list below outlines both the required documents and supporting materials to include with your request:

• A completed and signed Form I-212 
• Copies of all past exclusion, deportation, or removal orders
• Evidence regarding the reason for your inadmissibility under the INA, such as the date of your last departure from the US (if applicable)
• Evidence of family relationships to US citizens or lawful permanent residents
• Supporting documentation, such as:
  • Affidavits explaining the reasons for your return, such as family reunification, job opportunity, or medical needs
  • Evidence of reformation and rehabilitation (if applicable)
  • Evidence of good moral character
  • Eligibility for a waiver of other inadmissibility grounds
  • Employment records
  • Medical reports

Submitting accurate and well-organized documents helps present a clear and persuasive case. The US Citizenship and Immigration Services (USCIS) officers will review all supporting materials and weigh both "favorable factors" and "unfavorable factors" before making a decision.

It is important to note that all the documents must be in the English language. This means that any Thai documents needed for the application, whether it be your medical report or affidavits, will need to go through the process of being notarized, translated, and legalized before they can be used.

How to File Form I-212 from Thailand

Form I-212 may be submitted on its own or together with other applications, such as Form I-601 (Application for Waiver of Grounds of Inadmissibility). If you are applying from Thailand, the proper filing method depends on the nature of your case. In most situations, you can file through one of the following channels:

• The US Embassy or Consulate: If you are applying for a US nonimmigrant visa in Thailand, the consular officer will advise you on how to submit Form I-212.
• United States Customs and Border Protection (CBP): If you are seeking admission as a nonimmigrant at a Port-of-Entry and are from a country eligible for the Visa Waiver Program, or are a citizen of Palau, the Federated States of Micronesia, or the Marshall Islands.
• United States Citizenship and Immigration Services (USCIS): If you are applying for adjustment of status, a type of nonimmigrant visa listed in the INA, or an immigrant visa with Form I-601. You can also file with the USCIS if you have been deported or removed from the country.

For all other circumstances not listed above, you can file with the USCIS. If you are uncertain of where to submit Form I-212, it is recommended that you consult with a US immigration specialist before submitting the form to avoid potential delays in processing.

Form I-212 Filing Fees

The filing fee for Form I-212 is 1,175 USD and is non-refundable. You can pay by money order, personal check, cashier’s check, credit card, or debit card. If you are paying by check, ensure that it is payable to the US Department of Homeland Security.

Before submitting your payment, confirm that the office handling your application accepts your chosen payment method, as some may have specific restrictions.

Processing Time and Approval Factors of Form I-212

The processing time for Form I-212 varies by location, including Thailand, but you can expect to wait anywhere from a few months to over a year. Premium or expedited processing is not available for this form, so it is crucial to prepare thoroughly and submit your application as early as possible.

When reviewing your Form I-212, immigration officers will consider several factors to determine whether your request should be approved, such as:

• The reason for your original removal or deportation
• The length of time that has passed since your departure from the US
• The length of your lawful stay in the US before removal
• Family ties to US citizens or lawful permanent residents
• Evidence of rehabilitation, good conduct, and overall character

Each application is reviewed based on its individual circumstances. By submitting a clear and well-documented application, you give immigration officers a full picture of your situation and make it easier for them to assess your case fairly, which can improve your chances of receiving a favorable decision.

Professional Assistance With Filing Your US Form I-212  From Thailand

US immigration law is highly technical, and past violations can make your case more difficult than expected. If you are planning on reentering the US and need to file Form I-212, get in touch with Siam Legal International for professional assistance with your application.

We are a full-service law firm and visa consultancy in Thailand with over 20 years of experience in helping clients of all backgrounds enter the US swiftly and hassle-free. We have successfully facilitated over 10,000 applications. Our services for Form I-212 include:

• Reviewing your case to determine if Form I-212 is required
• Preparing and organizing all the required documents to present a strong and persuasive application
• Handling the filing process and communication with the relevant US government agencies on your behalf
• Coordinating joining filings, such as submitting Form I-212 together with Form I-601

Once your application is approved, we can also assist you with applying for a US visa, whether you're planning a short-term visit or a long-term stay.

To begin the process of filing your Form I-212 with the maximum chance of approval for returning to the US, do not hesitate to contact Siam Legal to book a consultation.

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