On June 24, 2022 USCIS issued a Policy Alert regarding the statutory 3-year or 10-year periods of inadmissibility under § 212(a)(9)(B) of the Immigration and Nationality Act (INA). That section of the INA provides for a 3-year bar of admission when a foreign national voluntarily left the United States after accruing more than 180 days but less than one year of unlawful presence and a 10-year bar of admission for foreign nationals who accrued one year or more of unlawful presence before their voluntary departure or removal from the U.S.
Under USCIS's new guidance, the 3- and 10-year bars on admission begin to run once the foreign national has left the U.S. and “continues without interruption from that date or until 3 or 10 years after such departure or removal.” The 3- and 10-year bar will continue to run regardless of the foreign national's location. The method of entry used when returning to the U.S. is irrelevant when determining if the foreign national is inadmissible if the foreign national returned to the U.S. during the 3- or 10-year period. This change allows foreign nationals to spend the 3- or 10-year period of inadmissibility either in or outside of the U.S. The foreign national will no longer be considered inadmissible under § 212(a)(9)(B) if they seek readmission after the completion of the relevant statutory period of inadmissibility. This guidance does not affect other grounds of inadmissibility.
Contact the Law Offices of James D. Eiss for a brief consultation if you have questions about inadmissibility and the 3- or 10-year bars.