22 CFR 40.92 - Aliens unlawfully present.

Regulations last checked for updates: Nov 22, 2024

Title 22 - Foreign Relations last revised: Oct 28, 2024

View all text of Subpart J [§ 40.91 - § 40.99]

§ 40.92 - Aliens unlawfully present.

(a) 3-year bar. An alien described in INA 212(a)(9)(B)(i)(I) shall be ineligible for a visa for 3 years following departure from the United States.

(b) 10-year bar. An alien described in INA 212(a)(9)(B)(i)(II) shall be ineligible for a visa for 10 years following departure from the United States.

(c) Waiver. If a visa applicant is inadmissible under paragraph (a) or (b) of this section but appears to the consular officer to meet the prerequisites for seeking the benefits of INA 212(a)(9)(B)(v), the alien shall be informed of the procedure for applying to DHS for relief under that provision of law.

[62 FR 67568, Dec. 29, 1997]

authority: 8 U.S.C. 1104,1182,1183a,1641

source: 56 FR 30422, July 2, 1991, unless otherwise noted.

cite as: 22 CFR 40.92