INADMISSIBILITY

Arriving Aliens

CLASSIFICATION:

• Under INA 212(a)(9). Aliens previously removed and aliens unlawfully present.
• Under INA 212(a)(9)(A). Certain aliens previously removed.
• Under INA 212(a)(9)(A)(i). Arriving aliens.

DETAILS: Alien is inadmissible (under this ground) only if the alien:

has been ordered removed:

• under INA 235(b)(1) (by removal upon inspection) or
• at the end of proceedings under INA 240 – initiated upon the alien's arrival in the U.S. (by exclusion).
AND
• seeks admission again
• 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.

FILING DATE RESTRICTIONS: None.

EXCEPTIONS: Under INA 212(a)(9)(A)(iii) – If INS has consented to the alien's reapplying for admission prior to the date of the alien's:

• reembarkation at a place outside the U.S. or
• attempt to be admitted from foreign contiguous territory.