INA §212(a)(9)(A) AFTER BORDER REMOVAL
A first expedited removal at a U.S. airport or border can create a five-year inadmissibility period. The correct strategy depends on the removal record, any separate inadmissibility findings, and whether the traveler plans to return before the five years expire.
INA §212(a)(9)(A)(i) applies to certain arriving applicants who were ordered removed under the expedited-removal procedure in INA §235(b)(1), or at the end of removal proceedings initiated upon arrival. After a first qualifying removal, the person is inadmissible if he or she again seeks admission within five years of the date of removal.
The rule is different for some repeat removals. A second or subsequent removal may produce a twenty-year period, and the statute does not provide a fixed time limit for a person covered by the aggravated-felony provision unless the required consent to reapply is obtained.
The five-year bar is not simply a punishment for being refused entry. The important question is whether the government actually entered a qualifying removal order. A visa cancellation, withdrawal of an application for admission or ordinary refusal may have very different consequences.
Travelers are sometimes told at the airport that they were “deported” even when the paperwork reflects something else. Before assuming that INA §212(a)(9)(A) applies, the underlying CBP documents should be reviewed.
The existing CBP FOIA and Border Records guide explains how government records can help identify what happened at the port of entry.
The statute measures the period from the date of removal. In many airport expedited-removal cases, the order and physical removal occur on the same day or within a short period, but the documents should be checked rather than assuming the dates are identical.
Once the applicable five-year period has completely expired, INA §212(a)(9)(A)(i) may no longer require consent to reapply solely because of that first removal. That does not mean the entire border incident disappears from the person’s immigration history.
Waiting five years does not erase separate inadmissibility findings. If CBP also determined that the traveler committed fraud or willful misrepresentation under INA §212(a)(6)(C)(i), that issue may continue after the removal bar expires.
A person who remains subject to INA §212(a)(9)(A) may be able to seek consent to reapply for admission before the statutory period ends. Form I-212 is the principal application used for that purpose.
Form I-212 is discretionary. Approval does not cancel the historical fact of the removal and does not automatically waive a separate fraud, criminal, unlawful-presence or other inadmissibility ground.
For a more detailed discussion, see Form I-212 Permission to Reapply.
The discretionary presentation depends on the individual history. Relevant evidence may include the reason for the original border incident, the time that has passed, compliance with immigration laws since removal, family and professional ties, the purpose of future travel, rehabilitation from the circumstances that caused the removal, and evidence that the applicant now understands and will comply with U.S. immigration requirements.
A strong filing should also address unfavorable facts directly. A removal order normally cannot be treated as though it never happened merely because the applicant now has a compelling reason to return.
No. A five-year bar under INA §212(a)(9)(A)(i) generally requires a qualifying removal. A traveler who was permitted to withdraw an application for admission may not have the same removal-related bar.
Not necessarily. The answer depends on the type and number of removals, the date of removal and any other statutory provisions that apply. The five-year period for a first arriving-alien removal is different from the twenty-year and aggravated-felony provisions.
No. A separate INA §212(a)(6)(C)(i) finding must be analyzed independently. Expiration of a removal-related period does not by itself eliminate another ground of inadmissibility.
Possibly, but obtaining a visa and becoming admissible are separate issues. The correct sequence may involve Form I-212 and, depending on the inadmissibility ground and visa category, another waiver or legal challenge.
The following government materials provide the principal statutory, regulatory or agency framework discussed on this page.
A review can identify whether the five-year bar applies, whether Form I-212 is required, and whether another inadmissibility issue must also be addressed.