The location where the I-212 waiver is filed depends on a number of factors such as whether it is being filed by itself, or concurrently with another waiver such as the I-601 waiver; whether you are a non-immigrant or intending immigrant; and your nationality and current place of residence.
The below chart provides an overview of the filing locations for the I-212 waiver. It is up-to-date as of 10/30/2013. As always, I recommend contacting an experienced immigration lawyer regarding the specifics of your case before embarking on the I-601, I-212, or 212(d)(3) waiver process. You may contact me for a Free Immigration Consultation.
| I-212 Waiver Scenario | Office Where the I-212 Waiver Application is Filed | Legal Source | Office Where the I-212 Waiver Application is Adjudicated |
|---|---|---|---|
| Applicant for nonimmigrant visa (other than K, T, U, or V) or nonresident border crossing card abroad | U.S. Consulate with jurisdiction over the alien's place of residence according to the manner prescribed by the consular officer | 8 CFR 212.2(b) | U.S. Customs and Border Protection (CB P).The consular officer must forward recommendation for consent to reapply and visa issuance to CBP/Admissibility Review Office (ARO) for decision. |
| Applicant for admission as a nonimmigrant who is not required to obtain a visa | U.S. Customs and Border Protection (CBP) with the CBP-designated port of entry or designated CBP preclearance office | 8 CFR 212.2(f) | U.S. Customs and Border Protection (CBP)/Admissibility Review Office (ARO) |
| Nonimmigrant visa applicants under INA section 101(a)(15)(K) and (V) | USCIS Phoenix Lockbox | 8 CFR 212.2(c) | USCIS Nebraska Service Center |
| Applicant for immigrant visa in need of concurrent waiver filed on Form l-601 | USClS Phoenix Lockbox | 8 CFR 212.2(d) | USCIS Nebraska Service Center |
| Applicant for adjustment of status based on an approved VAWA self- petition (Form 1-360) | USCIS Vermont Service Center | INA Section 212(a)(9)(A) | USCIS Vermont Service Center |
| Applicant for adjustment of status, only subject to INA Section 212(a)(9)(A) (irrespective of need of Form 1-601) | USCIS Office with jurisdiction over the adjustment of status application | 8 CFR 212.2(e) | US CIS Office with jurisdiction over the adjustment of status application |
| Applicant for immigrant visa and waiver on Form l-601 not required | USCIS Field Office with jurisdiction over the place where the alien's deportation or removal proceedings were held If the applicant is inadmissible under INA section 212(a)(9)(C)(i)(l): The application is filed with the USCIS Field Office with jurisdiction over the alien's intended place of residence in the United States. | 8 CFR 212.2(d) | USCIS Field Office with jurisdiction over the place where the deportation or removal proceedings were held |
| Alien is physically present in the United States but not eligible for adjustment of status because of inadmissibility under INA Section 212(a)(9)(C) | An alien may not file the application until the alien has departed the United States and until he or she has resided abroad for 10 years since the alien's last departure. Once the 10 year requirement is satisfied, the individual may apply; jurisdiction is determined: 1. According to the principles outlined above for individuals outside the United States, and 2. Based on the individual's need for a waiver filed on Form I-601 | Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006) and Matter of Briones, 24 I&N Dec. 355 (BIA 2007) | |
| Alien physically present in the United States but in removal proceedings* *NOTE: lf the alien is put into proceedings after having filed Form I-212 with USCIS, the USCIS office should forward the application to the EOIR location with jurisdiction over the alien's removal proceedings. | Executive Office for Immigration Review (EOIR) with jurisdiction over the removal proceedings | 8 CFR 212.2(e); March 31, 2005 memorandum, William R. Yates, EOJR Processing | Executive Office for Immigration Review (EOlR) with the office having jurisdiction over the alien's removal proceedings |
| The alien is seeking conditionally granted advance permission to reapply for admission prior to departure and is inadmissible only under INA Section 212 (a)(9)(A) (irrespective of whether another waiver under section 212(g), (h), (i ), or 212 (a)(9)(B) is needed) | USCIS Field Office with jurisdiction over the place where the alien is residing | 8 CFR 212.2(j) | USCIS Field Office with jurisdiction over the place where the alien is residing |
| All other circumstances not listed above | USCIS Field Office with jurisdiction over the place where deportation or removal proceedings were held, or with the Field Office Director who exercised or is exercising jurisdiction over the applicant's most recent proceedings | 8 CFR 212.2(g)(i) and (ii) | USCIS Field Offices |