INADMISSIBILITY

Alien Who Has Been Ordered Removed

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)(II). Alien who has been ordered removed.

DETAILS: Alien is inadmissible (under this ground) regardless whether the alien has been removed under INA 235(b)(1), INA 240, or any other provision of law.

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.