212(a)(9)(A) Visa Refusal After a Prior Removal

What does a 212(a)(9)(A) refusal mean?

It means the consulate has decided that a past removal makes you ineligible for a visa right now. The ground is in INA 212(a)(9)(A), and the State Department applies it under 9 FAM 302.11-2.

The section has two parts:

• 212(a)(9)(A)(i) covers people ordered removed when they arrived, including expedited removal at a port of entry. The usual bar is 5 years.
• 212(a)(9)(A)(ii) covers every other removal, and people who left the United States while a removal order was in effect. The usual bar is 10 years.

A refusal sheet can cite more than one ground. Read every section listed before deciding on a next step. Our main visa refusals and delays page explains the other common refusal codes.

Which removal bar applies to me?

The length of the bar depends on how you were removed, how many times, and whether you have an aggravated felony conviction. Each period runs from the date of removal or departure, not from the date of the visa refusal.

Source: 9 FAM 302.11-2(B)(1)–(4). Aggravated felony is defined in INA 101(a)(43).

How do I get a visa while the bar is still running?

You ask for consent to reapply, also called permission to reapply. People often search for a “212(a)(9)(A) waiver,” but the law calls it consent under 212(a)(9)(A)(iii). Once DHS consents, this ground no longer applies. How you ask depends on the visa you want.

If the full bar has already passed outside the United States, this ground generally no longer requires consent. Other grounds can still apply, so the refusal should be reviewed before you reapply.

What other grounds often appear with a prior removal?

Consent to reapply removes only the 212(a)(9)(A) ground. It does not cure anything else, and removal histories often involve more than one problem.

• 212(a)(9)(B), unlawful presence. Time spent unlawfully in the United States before the removal can create a separate 3- or 10-year bar. Immigrant applicants may need an I-601 waiver or I-601A.
• 212(a)(9)(C), the permanent bar. Triggered by unlawful reentry or an attempt after removal or after more than one year of unlawful presence.
• 212(a)(6)(C)(i), misrepresentation. A false statement at the border or in an earlier application can create a permanent ground that needs its own waiver.
• 212(a)(2), criminal grounds. Convictions and some admitted conduct need separate analysis and, where available, a separate waiver.
• 214(b) for visitors. Even with consent, a visitor must still show a temporary trip and ties abroad.

Our immigration waiver practice handles cases where more than one waiver or consent is needed.

What evidence supports consent to reapply?

Consent is discretionary. The decision-maker weighs favorable factors against unfavorable ones, and there is no single checklist that guarantees approval.

• Why you were removed, and how serious the underlying violation was.
• How much time has passed, and your conduct since the removal.
• Evidence of rehabilitation, if a conviction or other misconduct was involved.
• Close family in the United States, and the effect of your absence on them.
• Your reason for needing to come, such as employment, family care or a business purpose.
• Your immigration history, including any other violations.

Unlike some waivers, consent to reapply does not itself require proof of “extreme hardship” to a qualifying relative. Hardship evidence still helps, and a companion waiver may require it.

How long does it take, and what does it cost?

An I-212 filed with USCIS currently takes about three and a half to five years. USCIS data dated July 15, 2026 showed a range of about 41.5 to 60 months at field offices and 42 to 51.5 months at Service Center Operations. Check the USCIS processing times tool for the latest figure.

No official estimate is published for the consulate’s recommendation route for temporary visas. After any consent is granted, the visa interview and any administrative processing add their own time. The NVC timeframes page covers the immigrant-visa steps before the interview.

The USCIS filing fee for Form I-212 is $1,175 under 8 CFR 106.2, current as of September 30, 2026. Confirm the amount and accepted payment methods on the USCIS fee schedule before filing. The consular recommendation route has no I-212 fee, although the visa application fee still applies. Government fees are separate from legal fees.

How Herman Legal Group helps after a 212(a)(9)(A) refusal

We start by rebuilding the record. Many people do not know exactly what type of removal they had, or whether it was a removal at all, and that question decides the bar.

Depending on the agreed scope, representation may include:

• Requesting immigration records through FOIA to find the actual order and entry history.
• Identifying every inadmissibility ground, not only the one on the refusal sheet.
• Choosing the route and the order of filings, including I-212, I-601 or I-601A where they apply.
• Preparing a consent request with evidence that addresses the unfavorable facts directly.
• Coordinating with the National Visa Center and the consulate through consular processing.
• Advising visitors on a renewed B-1/B-2 application once consent is possible.

HLG’s attorney team includes Vania Stefanova, Luis C. Villarroel and Tameem Ansari, led by founder Richard T. Herman. Consultations are available in English, Spanish, Russian, Bulgarian, Serbian, Croatian, Dari and Pashto, and paralegals can join in Arabic, French, Chinese and Russian. Your engagement agreement names the responsible attorney.

A consultation covers the likely route, missing records, risks and the scope of possible representation. No lawyer can guarantee consent or a visa.

What should I bring to a consultation?

• The full refusal sheet, visa category, consulate and interview date.
• Any removal or border paperwork, such as an I-860, an immigration judge’s order, an I-296 or a voluntary departure order.
• Every U.S. entry and departure date you know, including any return after the removal.
• DS-160 or DS-260 confirmations and earlier visa applications.
• Certified court dispositions for any arrest or charge.
• FOIA results or earlier attorney files, if you have them.
• Evidence of family ties, employment and conduct since the removal.

Keep the originals. If you do not have the full file, tell us what is missing when you schedule.

Questions about 212(a)(9)(A)

How long after being deported can you come back legally?

Usually 5 years after removal on arrival, 10 years after other removals, 20 years after a second removal, or never after an aggravated felony conviction. You can come back sooner if DHS grants consent to reapply, and you still need a visa or other valid basis to enter.

Can you get a visa after being deported?

Yes. Once the bar has passed or DHS has consented to your reapplication, the 212(a)(9)(A) ground no longer stands in the way. You must still qualify for the visa and clear any other inadmissibility grounds.

Can you still get a green card after being deported?

Often, yes, through consular processing with an approved Form I-212 and any other waivers you need. A return without inspection after the removal changes the analysis because 212(a)(9)(C) and reinstatement may apply.

Is the 10-year bar after deportation the same as the 10-year unlawful presence bar?

No. The removal bar is 212(a)(9)(A) and is cured by consent to reapply. The unlawful presence bar is 212(a)(9)(B) and needs an I-601 or I-601A waiver. Both can apply to the same person.

Do I need Form I-212 for a tourist visa?

Usually not. For most temporary visas, the consular officer recommends consent to DHS directly. Form I-212 is the route for immigrant visas and for some K, T, U and V applicants.

Does leaving the U.S. on my own with a removal order count as deportation?

Yes. Under INA 101(g), departing while a removal order is in effect counts as a removal, even if you bought your own ticket. That usually means a 10-year bar.

Can a 212(a)(9)(A) refusal be overturned?

There is no ordinary appeal of a consular refusal. If the officer applied the wrong bar, or the event was not a removal, the record can be presented for reconsideration. Otherwise the path forward is consent to reapply or waiting out the bar.