INA 212(a)(9)(B) imposes significant penalties on individuals who accrue unlawful presence in the United States and later seek admission. This provision establishes three and ten year bars for those who have been unlawfully present for more than 180 days or one year, respectively. While these bars can disrupt immigration plans, it is often possible to overcome them through waivers or by challenging the determination of unlawful presence.
For individuals facing a three or ten year bar under INA 212(a)(9)(B), waivers are available in certain circumstances. The most common waiver is for applicants who can demonstrate that their absence would cause extreme hardship to a qualifying relative, such as a US citizen or lawful permanent resident spouse or parent. Evidence of hardship may include financial, medical, or emotional challenges that the qualifying relative would face due to the separation. Waiver applications must be supported by compelling documentation and require careful legal preparation to succeed.
It may also be possible to challenge the determination of unlawful presence or the application of the bar itself. For example, not all time spent in the US without status counts as unlawful presence under the law. Certain periods may be exempt, such as time spent as a minor or while a timely application for adjustment of status was pending. Additionally, errors in calculating unlawful presence or misinterpreting the applicant’s immigration history may provide grounds for challenging the determination.
Navigating the complexities of INA 212(a)(9)(B) requires a thorough understanding of the law and a strategic approach to presenting your case. Whether you are seeking a waiver or disputing the determination of unlawful presence, experienced legal guidance can make all the difference. Contact my office today to discuss your case and explore your options for overcoming this ground of inadmissibility. Together, we can work toward securing your immigration goals.
If you or someone you know is affected by this provision, contact my office today. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.