This page is general information, not legal advice. It summarizes what USCIS and the US Code say about Form I-212. Whether you need the form, which bar applies to you and whether filing makes sense in your case are questions for a licensed US immigration attorney or a Justice Department (DOJ) accredited representative (who can legally help). We make no statement about anyone’s chances. The sources we checked do not give approval rates.

Form I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal, is the US form for people who were deported or removed and now want to come back legally. One example is a Guatemalan with an immigrant visa case through a US citizen or permanent resident relative. This page is about the US bar on returning to the United States. It is a different topic from Guatemala’s own rules for foreigners who were deported from Guatemala, which we cover in re-entry after deportation from Guatemala.

Quick summary: You need an I-212 if you are inadmissible under INA 212(a)(9)(A) (previously removed) or 212(a)(9)(C) (the permanent bar). The I-212 instructions give bars of 5 years (removed once as an arriving alien), 10 years (removed once, other than as an arriving alien) and 20 years (removed more than once). The bar applies at any time after an aggravated felony conviction. The permanent bar applies if you entered or tried to enter without being admitted after more than 1 year of total unlawful presence or after a removal order. In that case you can ask for consent only after 10 years outside the US, and you must apply from abroad. Fee: $1,175 (G-1055, edition 10/07/26). USCIS changed the I-212 filing location on Oct. 7, 2026. It accepts forms sent to a prior location if they are postmarked on or before Nov. 9, 2026. Do not travel to the US before approval. Sources fetched 8 to 15 October 2026.

What the I-212 is for

USCIS says: “If you are inadmissible under sections 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA), use this form to ask for consent to reapply for admission to the United States so you can lawfully return to the United States”. USCIS adds that consent to reapply is also called permission to reapply. Section 212 of the INA appears in the US Code as 8 U.S.C. 1182. We read the govinfo United States Code, 2024 Edition.

The current form and instructions edition is 01/20/25. The USCIS I-212 page was last updated on 10/07/2026 for the new filing location.

How long the bars last (8 U.S.C. 1182(a)(9))

The I-212 instructions say you need consent to reapply at any time if you have been convicted of an aggravated felony. Otherwise you need it if you seek admission before you have been outside the United States for a continuous period of:

Your removal history (INA 212(a)(9)(A))Period you must stay outside before you no longer need consent
Removed as an arriving alien, once5 years
Removed other than as an arriving alien, once10 years
Removed more than once, as an arriving alien or not20 years
Convicted of an aggravated felonyConsent needed at any time

For the 5-year case, the statute describes a person “ordered removed under section 1225(b)(1) of this title or at the end of proceedings under section 1229a of this title initiated upon the alien’s arrival in the United States”. It adds the exceptions “within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony”. For the 10-year case it gives the time as “within 10 years of the date of such alien’s departure or removal”, with the same 20-year exception for a second or subsequent removal and the same any-time rule for an aggravated felony conviction. Our sources do not define aggravated felony. Ask your representative about it.

The permanent bar: INA 212(a)(9)(C)

The statute’s heading for this bar is Aliens unlawfully present after previous immigration violations. It covers a person who has been unlawfully present in the US “for an aggregate period of more than 1 year”, or who has been ordered removed, and who then “enters or attempts to reenter the United States without being admitted”. USCIS’s unlawful presence page says you are permanently inadmissible under this ground if all of these are true:

  1. You accrued more than 1 year of unlawful presence in total in the US on or after April 1, 1997.
  2. You then left or were removed from the US.
  3. You entered or attempted to reenter the US on or after April 1, 1997, without a DHS officer admitting or paroling you.

The way out is narrow. The statute says the bar does not apply to a person seeking admission more than 10 years after their last departure, if the Secretary of Homeland Security consented to the reapplication before they boarded abroad. USCIS’s page puts it this way: “You must apply for consent to reapply for admission from outside the United States after waiting 10 years from your last departure from the United States”. USCIS also says that if it denies the application, you remain inadmissible under this ground.

Who may not need an I-212

The I-212 instructions include a list under the heading Who May Not Be Required to File For Consent to Reapply? It includes, among others:

  • people who were refused entry at the border but not formally removed;
  • people who received an order of voluntary departure from an immigration judge and left the US within the time that order allowed;
  • applicants for Temporary Protected Status (TPS) under INA section 244.

Whether your history fits one of these is a question for your attorney or accredited representative.

Where to file

USCIS changed the I-212 filing location on Oct. 7, 2026. Its I-212 page says: “We will provide a 30-day grace period and accept forms postmarked on or before Nov. 9, 2026, that are sent to any prior filing location”. The USCIS direct-filing-address page lists these routes:

Your situation (USCIS address page)Where the I-212 goes
Immigrant visa applicant outside the US who also needs a waiver on Form I-601Together with the I-601, after your consular interview and after the consular officer finds you inadmissible. Mail to: Attn: I-212 Foreign Filers, P.O. Box 21600, Phoenix, AZ 85036-1600
Immigrant visa applicant who does not need an I-601The USCIS Field Office with jurisdiction over the place where your deportation or removal proceedings were held.
In the US, applying to adjust status with USCIS, and inadmissible only under 212(a)(9)(A)At the filing location specified for Form I-485, if you file the I-212 with the I-485 or your I-485 is pending
Nonimmigrant visa applicant (other than K, T, U or V)The US consulate advises whether and how to file
Inadmissible under 212(a)(9)(C)You may not file until you have departed the US and have resided abroad for 10 years since your last departure

The address page has more detail for some of these routes. Confirm with your attorney or accredited representative which route and office fit your case before you file.

Separately, the USCIS I-212 page says that if you are in removal proceedings, you follow the special filing instructions the immigration court gave you.

The address page also lists a route for people seeking a conditionally granted permission to reapply before leaving the US. That route applies only if you are inadmissible only under 212(a)(9)(A). The I-212 instructions say such an approval “is considered conditional until you actually depart the United States”. They also say you cannot file from inside the US if you are inadmissible under 212(a)(9)(C).

USCIS says it only decides applications correctly filed with USCIS. It cannot decide applications that must be filed with CBP or with the Executive Office for Immigration Review (EOIR).

The fee: $1,175

Per USCIS Form G-1055 Fee Schedule, edition 10/07/26 (I-212 rows on pages 11 and 12):

How you fileFee
General filing with USCIS$1,175
Nonimmigrant visa applicant, through the US consulate (the consulate gives payment instructions)$1,175
With EOIR during removal proceedings (pay as the immigration court instructs)$1,175
With CBP at a port of entry$1,175
Afghan or Iraqi Special Immigrant Visa; CAA/HRIFA abused spouse or child; VAWA self-petitioner filing with USCIS$0
Fee waiver, certain applicants$0

The $1,175 figure comes from that G-1055 edition. Check the current schedule at the USCIS site before you pay.

Steps, in order

  1. Find out which removal order or orders you have. Your bar depends on how you were removed and how many times. If your case went through immigration court, you can look it up by A-Number with our EOIR case lookup guide. We have no source saying that tool shows other kinds of removal order, such as orders under section 1225(b)(1).
  2. Check whether you need the I-212 at all. Compare your history against the list above, and ask your attorney or accredited representative.
  3. Find your filing route in the table above. If you file from Guatemala with an I-601, wait for the consular interview and the finding of inadmissibility first.
  4. Gather evidence. USCIS lists copies of documents from every exclusion, deportation or removal proceeding against you, including the final orders. For evidence of your absence from the US for 10 years since your last departure, USCIS lists items such as passport entry/exit stamps from foreign countries, plane tickets or receipts, registration of your residence abroad, utility bills in your name at that residence and employment records from your foreign job. The instructions also list police reports from countries where you lived.
  5. Translate. USCIS says any document in a foreign language must come with a full English translation and a translator’s certification. The certification must say the translation is complete and accurate and the translator is competent to translate into English.
  6. Pay $1,175, or $0 if you qualify, as the G-1055 directs for your route.
  7. Wait for approval before travelling. See the next section.

Do not travel before approval

The I-212 instructions say: “it is very important that you do not return to the United States before you have filed an application for consent to reapply, and before the Department of Homeland Security (DHS) has approved it”. The consequences they list are:

  1. Reinstatement of your removal order under INA section 241(a)(5);
  2. Prosecution in criminal court under INA section 276; and
  3. A permanent bar from admission under INA section 212(a)(9)(C).

The instructions add: “Returning to the United States with a visa may not protect you from these consequences if you are required to obtain consent to reapply, but did not get that consent”.

What USCIS weighs

The instructions say approval is discretionary. The adjudicator weighs favorable and unfavorable factors. Favorable factors they list include close family ties in the US, hardship to US citizen or permanent resident relatives, to yourself or to your US employer, evidence of reformation and rehabilitation, and the likelihood of becoming a permanent resident in the near future. Unfavorable factors include repeated violations of US immigration laws with a willful disregard for other laws, and unauthorized employment in the US.

The I-212 does not cover INA 212(a)(9)(B) (and an Aug. 2026 change)

The instructions say a conditional approval does not protect you from any other ground of inadmissibility that may result from your departure, including under INA section 212(a)(9)(B). The USCIS address page treats a waiver under 212(a)(9)(B) as separate from the I-212: it describes one filing route as applying “whether or not another waiver under section 212(g), (h), (i), or 212 (a)(9)(B) is needed”. Which waiver, if any, fits your case is a question for your attorney or accredited representative. For section 212(a)(9)(B), see our I-601A provisional waiver guide.

Advance parole travel is where the sources differ by date. The I-212 instructions (edition 01/20/25) say travel abroad with an Advance Parole Document is a departure for INA 212(a)(9)(A) or (C). USCIS’s unlawful presence page (updated 08/14/2026) adds a newer rule for 212(a)(9)(B)(i): “As of Aug. 13, 2026, departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA)”. The 01/20/25 instructions predate that change. If you hold advance parole, follow the dated USCIS page and talk to your representative before you leave.

The Guatemala angle

  • Filing from Guatemala. The USCIS address page does not list a Guatemala-specific filing route. It also does not say that the US Embassy in Guatemala accepts I-212 filings directly. For immigrant visa cases needing an I-601, the route is the Phoenix mailing address above, after the consular interview. For nonimmigrant visas (other than K, T, U or V), the consulate advises.
  • Your Guatemalan police certificate. The State Department’s Guatemala reciprocity page names the document Antecedentes, issued by the Ministerio Publico (Public Ministry), and lists it as a free service. It says: “You can only access the https://mpvirtual.mp.gob.gt/ website from within Guatemala”. If you live outside Guatemala, the same page says to email informacion@mp.gob.gt with a copy of your DPI, sent from your personal email account. The same page lists court and prison records as unavailable.
  • Proof of 10 years in Guatemala. If you need to show your absence from the US for 10 years since your last departure, the evidence types USCIS lists include residence registration, utility bills in your name, employment records and passport stamps. Spanish documents need the certified English translation described in step 5.
  • If you just arrived on a deportation flight, see what happens when a deportation flight lands. Keep every document you receive, because USCIS asks for copies of every removal proceeding and final order.
  • USCIS in Spanish. The Spanish version of the USCIS I-212 page (last reviewed 06/01/2026) did not show the Oct. 7, 2026 filing-location change when we checked. Use the English page for current addresses.

Processing time

USCIS publishes processing times on its own processing-times site. That site returned an error to our automated reader in October 2026, so we do not quote a figure.

Sources

Frequently Asked Questions

What is Form I-212?

USCIS says that if you are inadmissible under section 212(a)(9)(A) or (C) of the Immigration and Nationality Act, you use Form I-212 to ask for consent to reapply for admission so you can lawfully return to the United States. USCIS adds that consent to reapply is also called permission to reapply. It is a US form about the US bar on returning after deportation or removal. It is not about Guatemala’s own re-entry rules.

How long am I barred from the US after a deportation?

The I-212 instructions (edition 01/20/25) list 5 years if you were removed as an arriving alien, but only once; 10 years if you were removed other than as an arriving alien, but only once; and 20 years if you were removed more than once. If you were convicted of an aggravated felony, consent is needed at any time. A separate permanent bar, INA 212(a)(9)(C), applies to people who entered or tried to enter again without being admitted after more than 1 year of total unlawful presence or after a removal order.

How much does the I-212 cost?

$1,175, per USCIS Form G-1055 Fee Schedule, edition 10/07/26. The amount is the same for a general filing with USCIS, a nonimmigrant visa case handled through a US consulate, a filing with the immigration court (EOIR) and a filing with CBP at a port of entry. The same schedule lists $0 for Afghan or Iraqi Special Immigrant Visa applicants, CAA or HRIFA abused spouses or children, and VAWA self-petitioners filing with USCIS, and $0 with a fee waiver for certain applicants.

Can I file the I-212 from Guatemala?

It depends on your case, according to the USCIS filing-address page. An immigrant visa applicant outside the US who also needs Form I-601 files the I-212 together with the I-601 after the consular interview and after the consular officer finds them inadmissible, by mail to Attn: I-212 Foreign Filers, P.O. Box 21600, Phoenix, AZ 85036-1600. For an immigrant visa applicant who does not need an I-601, the page names the USCIS Field Office with jurisdiction over the place where the deportation or removal proceedings were held. If you are inadmissible under 212(a)(9)(C), the page says you may not file until you have departed the US and resided abroad for 10 years since your last departure. For a nonimmigrant visa (other than K, T, U or V visa applicants), the US consulate advises whether and how to file. Confirm which route fits your case with your attorney or accredited representative.

I went back to the US without papers after being deported. Can I still use the I-212?

That situation can trigger the permanent bar in INA 212(a)(9)(C). USCIS says you may ask for permission to reapply only if you have been physically outside the United States for at least 10 years since your last departure, and that you must apply from outside the United States. The I-212 instructions say you cannot file while you are in the United States if you are inadmissible under 212(a)(9)(C). USCIS says that if it denies the application, you remain inadmissible.

I already have a US visa. Can I travel before my I-212 is approved?

The I-212 instructions warn against returning before you have filed and DHS has approved the application. The consequences they list are reinstatement of your removal order under INA 241(a)(5), criminal prosecution under INA 276, and the permanent bar under INA 212(a)(9)(C). They also say that returning with a visa may not protect you from these consequences if you needed consent to reapply and did not get it.

Does an approved I-212 also cover INA 212(a)(9)(B)?

No. The I-212 instructions say a conditional approval does not protect you from any other ground of inadmissibility that may result from leaving the United States, including INA 212(a)(9)(B). The USCIS filing-address page treats a waiver under 212(a)(9)(B) as something separate from the I-212. Ask your attorney or accredited representative which waiver, if any, applies to you. USCIS also says that as of Aug. 13, 2026, leaving the US after obtaining an Advance Parole Document counts as a departure for inadmissibility under 212(a)(9)(B)(i).

How long does USCIS take to decide an I-212?

USCIS publishes processing times on its processing-times site. That site returned an error to our automated reader in October 2026, so we do not quote a figure. Check the USCIS site yourself before you make plans.