What Is INA 212(a)(9)(B)(ii) and How Does It Affect You?
Under Section 212(a)(9)(B)(ii) of the Immigration and Nationality Act (INA), individuals who accumulate unlawful presence in the US may face serious reentry bars that prevent them from obtaining a visa or green card for several years. This section of the law applies to those who:
- Overstayed their visa beyond the authorized period
- Entered the U.S. without inspection (EWI) and remained unlawfully
- Failed to maintain legal immigration status for a prolonged period
The penalties under INA 212(a)(9)(B)(i) include:
- 3-Year Bar: Applies if you were unlawfully present for more than 180 days but less than one year and then left the US.
- 10-Year Bar: Applies if you were unlawfully present for one year or more and then left the US.
These bars take effect only when you leave the US, meaning that many people do not realize they are barred from returning until they apply for a visa or green card abroad. The good news is that there are legal solutions to overcome these bars—but acting quickly is essential.
How We Have Helped Clients Affected by INA 212(a)(9)(B)(ii)
Case 1: Challenging an Incorrect Unlawful Presence Determination for Children Brought to the US Illegally
A mother brought her two young children into the US without inspection when they were minors. After living in the US for over 10 years, the children eventually applied for DACA and later became eligible for green cards through sponsorship by a U.S. citizen relative. However, during their green card interviews, USCIS determined that they were subject to the 10-year unlawful presence bar under INA 212(a)(9)(B)(ii) because they had accrued unlawful presence after turning 18.
Their family reached out to us for help, and we challenged the determination, arguing that the children were unlawfully present only as minors, and therefore their time in the US before turning 18 should not count against them. We provided extensive legal arguments and documentation proving that they were not subject to the 10-year bar under existing immigration law.
After several months of advocacy, USCIS reversed their decision, agreeing that the children were not inadmissible under INA 212(a)(9)(B)(ii). Their green card applications were approved, allowing them to become lawful permanent residents without having to leave the US and face unnecessary separation from their family.
Case 2: Securing an I-601 Waiver for a Business Professional Facing a 10-Year Bar
A business professional had been traveling to the US frequently on a B-1 visa for work meetings. During a routine visa renewal application, the US consulate denied his visa and informed him that he was subject to a 10-year bar under INA 212(a)(9)(B)(ii) for allegedly overstaying his visa during a prior visit.
Our client acknowledged that he had unintentionally overstayed his visa due to a misunderstanding of the permitted duration of his stay. Recognizing the consequences of his overstay, he sought legal assistance to apply for a waiver and rectify his immigration status. Despite his overstay, he had strong business and personal ties to the US, and we worked to demonstrate that his continued absence would cause extreme hardship to his US business partners and family.
We filed an I-601 waiver, arguing that his inability to travel to the US caused extreme hardship to his US family, who relied on him both financially and emotionally. After months of legal advocacy, the waiver was approved, and the consulate granted him a new visa. He was able to resume his business activities in the U.S. without further restrictions.
How You Can Overcome a 3-Year or 10-Year Bar
If you have been told that you are inadmissible under INA 212(a)(9)(B)(ii) due to unlawful presence, you may still have options. Depending on your case, you may be able to:
- Apply for a waiver (I-601 or I-601A) to waive the bar
- Challenge incorrect unlawful presence determinations
However, time is critical—if you are outside the US or planning to travel, acting quickly can make a huge difference in resolving your case.
Call my office now at 305-515-0613 or email info@messersmithlaw.com for immediate legal assistance. We have successfully helped clients fight visa bars, obtain waivers, and secure legal reentry to the US. Let us help you navigate your immigration challenges today.