Unlawful presence
for Aggravated Period of More than One Year
CLASSIFICATION:
-
Under INA 212(a)(9). Aliens previously removed
and aliens unlawfully present.
-
Under INA 212(a)(9)(C). Aliens unlawfully
present after previous immigration violations.
-
Under INA 212(a)(9)(C)(i). In general.
-
Under INA 212(a)(9)(C)(i)(I). Unlawful presence
for aggravated period of more than one year.
BRIEF DESCRIPTION: The beneficiary
was unlawfully present in the U.S. for aggravated period of more than one
year and enters or attempts to reenter the U.S. without being admitted.
DETAILS: None.
DEFINITIONS: None.
FILING DATE RESTRICTIONS: None.
EXCEPTIONS: Under
INA 212(a)(9)(C)(ii) – If:
-
the alien is seeking admission more than 10 years after the date of the
alien's last departure from the U.S. and
-
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.
SPECIFIC WAIVERS: None.
GENERAL
WAIVERS