Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.

Immigrant Legal Resource Center Template motion Mar 27, 2020 Direct PDF available

Why it matters

Useful as a drafting starting point for Removal Defense work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use.

Topics

Removal defense Motions to reopen / reconsider Detention / bond Waivers Special immigrant

Workflows

Immigration court deadline Motions, stays, and pretermission Bond, detention, and habeas BIA, PFR, and federal court Children and SIJS Sample filings and templates

Forums

Immigration court BIA

Jurisdictions

National