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OI 212.2 Consent to reapply.
Except as provided in
8 CFR 212.2(a)
, (b) or (f), a Form I-212 application and fee shall be required of every alien who seeks permission to reapply, even if filed in connection with another proceeding before a district director in the United States, an immigration officer in charge stationed abroad, a special inquiry officer, or an American consul.
Since the grant of permission to reapply removes for all subsequent entries excludability resulting from prior deportation or removal, the same standards must be applied whether the applicant seeks temporary admission as nonimmigrant or admission for permanent residence. When consent to reapply is granted upon an application therefore, or when it is found that consent is not necessary, the copy of the application form, noted to show granted or that consent is not necessary, shall be used to notify the app
licant that his application has been granted or that consent to reapply is not necessary. If the applicant does not require a visa, one copy of the approved application shall be returned to him with instructions to present it when applying for admission. If the application is denied by a district director, the provisions of
shall be followed.
An order prepared by the Immigration Inspector in Charge at Montreal recommending denial shall be certified to the Regional Commissioner, Burlington, who, if he concurs in the denial, shall endorse the order and return the record material to the Inspector in Charge for concluding action. (TM 1/87)