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Ten-Year Bar After a Prior Removal Order

INA §212(a)(9)(A)(ii)

Ten-Year Bar After a Prior Removal Order

Some prior removal orders create a ten-year inadmissibility period under INA §212(a)(9)(A)(ii). This rule is different from the five-year bar for certain arriving applicants and different from the ten-year unlawful-presence bar under INA §212(a)(9)(B).

The Analysis Should Identify

  • What type of removal order was entered
  • When the person departed or was removed
  • Whether this was a first or repeat removal
  • Whether Form I-212 is required
  • Whether another inadmissibility ground exists

Who Can Be Subject to the Ten-Year Removal Bar?

INA §212(a)(9)(A)(ii) generally applies to a person not covered by the arriving-alien provision of §212(a)(9)(A)(i) who was ordered removed under INA §240 or another provision of law, or who departed while an order of removal was outstanding.

The person is inadmissible if seeking admission within ten years of the relevant departure or removal, unless the statutory consent-to-reapply provision applies.

This ten-year bar is a prior-removal bar. It should not be confused with the separate ten-year unlawful-presence bar under INA §212(a)(9)(B).

Five-Year Bar Versus Ten-Year Bar

  • Five years: commonly applies after a first qualifying removal of an arriving applicant under INA §212(a)(9)(A)(i).
  • Ten years: generally applies under §212(a)(9)(A)(ii) to qualifying prior removals not described in the arriving-alien provision.
  • Twenty years: can apply to a second or subsequent removal.
  • No fixed period for aggravated-felony cases: §212(a)(9)(A) contains a separate rule for a person convicted of an aggravated felony.

When Does the Ten-Year Period Run?

The statute measures the applicable period from the date of departure or removal. Determining the correct start date requires reviewing the order and travel history rather than assuming the date of the immigration-court decision is controlling.

Can Form I-212 Permit an Earlier Return?

INA §212(a)(9)(A)(iii) provides an exception when, before the date of reembarkation at a place outside the United States or before seeking admission from foreign contiguous territory, the government has consented to the person reapplying for admission.

Form I-212 is the principal application used to request that consent.

See Form I-212 Permission to Reapply.

Ten-Year Removal Bar Versus Ten-Year Unlawful-Presence Bar

The two provisions have different triggers. INA §212(a)(9)(A) is based on a prior removal order or departure with an outstanding removal order. INA §212(a)(9)(B) is based on specified periods of unlawful presence followed by departure or removal.

One person can potentially be subject to more than one inadmissibility provision at the same time.

Documents to Review

  • Removal order.
  • Immigration-court records.
  • Prior Forms I-860 if expedited removal also occurred.
  • Departure and travel records.
  • Prior Forms I-212.
  • Passport entry and exit stamps.
  • CBP and USCIS immigration records.
  • Any separate inadmissibility findings.

Frequently Asked Questions

Is every prior removal a ten-year bar?

No. The applicable period depends on the removal type, whether it was a first or repeat removal, and other statutory facts.

Does waiting ten years erase the removal?

No. Expiration of the statutory period does not erase the historical removal order from the immigration record.

Can I need both I-212 and another waiver?

Yes. Form I-212 addresses consent to reapply after certain removals; separate grounds such as misrepresentation may require separate analysis.

Is the ten-year removal bar the same as 212(a)(9)(C)?

No. INA §212(a)(9)(C) concerns certain unlawful reentries or attempted reentries following specified prior immigration violations.

Primary Government Sources

These government materials provide the principal statutory and agency framework discussed on this page.

Identify Which Prior-Removal Period Actually Applies

A review can determine whether the case involves the five-year, ten-year, twenty-year or another reentry rule and whether consent to reapply is available.