People often search for this issue as INA 212a9A, 212a9A, Section 212a9A, prior removal bar, deported and inadmissible, or Form I-212. These are shorthand references to INA § 212(a)(9)(A)(i) and INA § 212(a)(9)(A)(ii), which can make a person inadmissible after certain removal orders or expedited removal, unless the person obtains consent to reapply for admission (commonly requested using Form I-212).
INA 212a9A (INA 212(a)(9)(A)) — Prior Removal Bar and Form I-212 (Permission to Reapply)
INA 212a9A (INA 212(a)(9)(A)) — Prior Removal Bar and Form I-212 (Permission to Reapply)
What is a ground of inadmissibility?
In order for a foreign national to be admitted to the United States, he or she must be admissible. A foreign national can be deemed inadmissible to the United States by USCIS, CBP and a Consulate. If the foreign national is deemed inadmissible to the United States, he or she cannot enter without a waiver of inadmissibility or a determination that the inadmissibility charge was made in error.
212(a)(9)(A)(i) & 212(a)(9)(A)(ii) Inadmissibility due to Ordered Removed Upon Arrival
Any foreign national who was previously removed under 235(b)(1) or 240 or who departed the US while an order for removal was outstanding is inadmisible.
Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien’s arrival in the United States and who again seeks admission within 5 years of the date of such removal (or 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) is inadmissible.
Any alien who has been ordered removed under section 240 or any other provision of law, or departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.
This section shall not apply to an alien seeking admission within a period if, prior to the date of the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien’s reapplying for admission.
How to obtain a determination that the 212(a)(9)(A)(i) & 212(a)(9)(A)(ii) ground of inadmissibility was incorrectly made.
No matter which US government agency made the inadmissibility determination, each provides a method to dispute the determination, though each has drastically different processing times. We have achieved successful outcomes by petitioning the US Department of State where the determination was made by the Consulate in as little as 2 weeks. CBP quotes turnaround times of as little as 30 days and USCIS will not offer a time frame. In our experience, the more difficult the situation, the longer it will take to get resolved.
How long is the INA 212a9A bar? (5-year, 10-year, 20-year, and permanent)
INA 212a9A imposes different inadmissibility periods depending on the type of removal history and whether it is a first or subsequent removal. People commonly search for the “5-year bar,” “10-year bar,” and “20-year bar” in this context.
In general terms:
- 5-year bar: commonly associated with certain expedited removal and related scenarios
- 10-year bar: commonly associated with removal orders in many first-time removal contexts
- 20-year bar: commonly associated with a second or subsequent removal
- Permanent bar: can apply in limited situations, including certain aggravated felony-related removal contexts
Because the exact period depends on the person’s removal history and records, the first step is confirming the type of removal (expedited removal vs immigration court order), the dates, and whether there were multiple removals.
Form I-212 (permission to reapply / consent to reapply) for INA 212a9A
Form I-212 is commonly used to request “permission to reapply for admission” (also called “consent to reapply”) after a prior removal, which is the core remedy people associate with INA 212a9A.
In practice, strong I-212 submissions typically focus on:
- A clear removal and travel timeline (type of removal, dates, and any prior departures/returns)
- Evidence of positive equities (family ties, long-term residence, stable employment, community ties)
- Evidence of rehabilitation and compliance (where relevant)
- A clear explanation of why permission to reapply should be granted as a matter of discretion
Because I-212 is discretionary and record-driven, the first step is usually obtaining the full removal record and building a clean timeline before filing.
Options and next steps for INA 212a9A (prior removal bar)
The correct strategy depends on (1) the type of removal record (expedited removal vs immigration court order), (2) the applicable time bar, and (3) whether other inadmissibility grounds also apply.
Practical next steps typically include:
- Confirming the removal type and dates and calculating the likely bar period
- Obtaining key records (removal order, expedited removal paperwork, and travel history evidence)
- Determining whether Form I-212 (permission to reapply) is needed and when it should be filed
- Checking for other grounds that commonly overlap with prior removal cases (for example, unlawful presence bars under INA 212(a)(9)(B) or unlawful reentry issues under INA 212(a)(9)(C))
- Building a clear timeline and evidence packet to support a discretionary request
Because these cases are timeline-driven, a clean record and accurate sequencing is often the biggest factor in avoiding delays and denials.
Frequently asked questions about INA 212a9A (212(a)(9)(A)) and Form I-212
What is INA 212a9A?
INA 212a9A (INA 212(a)(9)(A)) is the prior removal inadmissibility ground. It can apply after certain removal orders or expedited removal, creating a time-based bar to admission unless the person obtains consent to reapply where required.
What is Form I-212?
Form I-212 is the application for permission to reapply for admission (also called consent to reapply). It is commonly used to request permission to return to the United States after a prior removal when the statute requires consent.
How long is the prior removal bar under 212(a)(9)(A)?
The bar can be 5 years, 10 years, or 20 years depending on the type of removal and whether there were multiple removals. In limited situations a permanent bar may apply. The correct period depends on the record.
What is the difference between 212(a)(9)(A)(i) and 212(a)(9)(A)(ii)?
These subparts cover different removal contexts (for example, expedited removal versus other removal orders). The correct analysis depends on the type of removal record and the person’s timeline.
When should Form I-212 be filed?
Timing depends on the case posture and what other grounds may apply. The first step is confirming the removal record, the bar period, and whether consent to reapply is needed for the intended process.
Can someone have both a prior removal bar and unlawful presence bars?
Yes. Prior removal (212(a)(9)(A)) can overlap with unlawful presence bars (212(a)(9)(B)) and other grounds depending on the history. A clean timeline review is essential.
What evidence helps an I-212 request?
Strong submissions usually include a clear timeline, proof of positive equities (family ties, employment, community ties), and evidence supporting a favorable exercise of discretion, along with complete removal records.
News Related to INA § 212(a)(9)(A)(i) & 212(a)(9)(A)(ii)
| Date | Title | Details | ||
|---|---|---|---|---|
| September 19, 2024 | Department of State's Foreign Affairs Manual (FAM) | The Department of State's FAM offers guidance to consular officers on the grounds of inadmissibility for individuals who have been previously removed from the United States. | ||
| June 23, 2022 | USCIS Policy Manual | U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to provide detailed guidance on the grounds of inadmissibility for individuals who have been previously removed from the United States. |
