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Illegal entry to the U.S. after unlawful presence or deportation

INA §§212(a)(9)(C)(i)(I) & (II), 8 U.S.C. §§1182(a)(9)(C)(i)(I) & (II)

This ground of inadmissibility is a bit complicated to understand, and often trips up immigration attorneys. There are basically two aspects to this rule.

First, the person must have been unlawfully present in the United States for a year or longer and then left the country. Alternatively, the person could have been ordered removed (deported) from the United States, and then left.

Second, the person must later actually or attempt to enter the U.S. illegally. This means either illegally crossing back into the U.S., or even just trying to do so.

A person who fits the requirements above is permanently inadmissible to the United States. There is a partial waiver available, but the individual must wait 10 years before she can apply.

Greg McLawsen

I’m proud to be the founder of Sound Immigration. My job is to work behind the scenes to ensure our clients have an outstanding experience at our firm. I’m passionate about reinventing the practice of law to make it work better for those we serve. I work hard to identify the best available technology to make our firm convenient for clients. I look to other industries, like real estate and the restaurant business, to learn about practice that will help serve our clients better.

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