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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
∗ [FOR AlienS - ENGLISH LANGUAGE LEGAL SERVICES in Counseling, Application and LITIGATION & TRIAL IN COURTS and TRIBUNALS in KOREA]
INTERNATIONAL DIVORCE, CIVIL, REAL ESTATE, PERSONAL INJURY, DAMAGES, TRAFFIC ACCIDENT, FRAUD, PENAL LAW, CRIMINAL TRIAL, FELONY, GUILTY PLEA, LEASE, RENTAL LAW, IMMIGRATION, INVESTMENT, TAX, INCORPORATION, TRADE, CONTRACT, DISPUTE IN CORPORATION, GOVERNMENT TREATMENT, REFUGEE, REMOVAL, VISA, PERMANENT RESIDENCE, CITIZENSHIP]
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[Category]
U.S.A. Lawful Permanent Resident, Citizenship (ǹ ̱ ̹,,ֱ-Green Card)
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U.S.A. Lawful Permanent Resident, Citizenship (ǹ ̱ ̹,,ֱ-Green Card)


[Title]
5-5. ԱⰣ 1. Ա㰡 ѱⰣ (Admissibility BARs). INA section 212(a)(9) ̹ι Ư ܱο ԱҰ شϴ ϰ ֽϴ(Section 212(a)(9) of the Act renders certain
Start →

5-5. ԱⰣ


1. Ա㰡 ѱⰣ (Admissibility BARs).

INA section 212(a)(9) ̹ι Ư ܱο ԱҰ شϴ ϰ ֽϴ(Section 212(a)(9) of the Act renders certain aliens inadmissible based on prior violations of U.S. immigration law). INA section 212(a)(9) 3 ΰ ֽϴ(Section 212(a)(9) of the Act has three major subsections).

INA section 212(a)(9)(A)-(C) Ư ܱο Ա㰡Ⱓ ϰ ֽϴ.

INA section 212(a)(9)(A) ϸ, ̹ι Ա ߹ Ǵ Ա ߹ ü ߹ ִ ܱ ܱ ش Ⱓ Ա㰡 û , INA section 212(a)(9)(A) Ⱓ ̱ Ա㰡 Ǿ ֽϴ(Under section 212(a)(9)(A) of the Act, an alien, who was deported, excluded or removed under any provision of law, is inadmissible if the alien seeks admission to the United States during the period specified in section 212(a)(9)(A) of the Act, unless the alien obtains consent to reapply for admission during this period).

INA section 212(a)(9)(B) ϸ, ش ܱ Ⱓ ҹ ü μ, Ա㰡 , ҹü ̱ ϸ, Ⱓ(INA section 212(a)(9)(B)(i) ҹüⰣ Ա ߹ 3 Ǵ 10Ⱓ) Ա㰡 ϴ , ش ܱ Ա Ұմϴ(Under section 212(a)(9)(B) of the Act, an alien is inadmissible if the alien has accrued a specified period of unlawful presence, leaves the United States after accruing the unlawful presence, and then seeks admission during the period specified in (either 3 years or 10 years after the departure, depending on the section 212(a)(9)(B)(i) duration of the accrued unlawful presence)).

INA section 212(a)(9)(C)(i) ϸ, ܱ ߹ ϰų ( Ͽ)  ּ 1̻ ҹü Ա㰡 ̱ Աϰų ԱϷ ϴ , ش ܱ Ա㰡 ϴ(Under section 212(a)(9)(C)(i) of the Act, an alien is inadmissible if the alien enters or attempts to enter the United States without admission after having been removed or after having accrued more than one year (in the aggregate) of unlawful presence).

2. ü м

. (A): ſ ߹ ִ Ư ܱ(Certain aliens previously removed)

1) ϴ ܱ(Arriving aliens)

ܱμ, INA section 235(b)(1) ߹ ޾Ҵ ڳ, ܱ ̱ÿ õ INA section 240 ߹ ܰ迡 ߹ ް, ׷ ߹Ϸκ 5̳ Ա õϴ (Ǵ 2ȸ° ߹ 쿡 20̳, ߹ ǰ 쿡 ) Ա㰡 ϴ(inadmissible).

̷ 쿡 ó ϴ ܱο ع ش ܱ Ա㰡û öȸ(withdraw your application for admission)ϴ Դϴ.

INA 235(a)(4) Ա㰡û öȸ(Withdrawal of application for admission) , 緮Ͽ , Ա㰡û ϴ ܱ Ա㰡û öȸ ְ, ̱ ⱹ ֽϴ(An alien applying for admission may, in the discretion of the Attorney General and at any time, be permitted to withdraw the application for admission and depart immediately from the United States) ϰ ֽϴ.

̷ Ա㰡û öȸ INA secton 101(a)(13)(C) ֱ 쿡 մϴ. ٸ, ܱ Ա㰡û öȸմϴٴ ֱ մϴٴ ǹ̰ ˴ϴ.

ֱڴ ܸ ϰ ϴ ܱ(arriving aliens) ֵ ʽϴ. INA 101(a)(13)(C)
(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(i) has abandoned or relinquished that status,

(ii) has been absent from the United States for a continuous period in excess of 180 days,

(iii) has engaged in illegal activity after having departed the United States,

(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings,

(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or

(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.


.


1. ֱ ź ϰų ݳ (Abandoned and relinquished status),
2. 180 ʰϿ ̱ ü (Absent for U.S.for continuously in excess of 180 days),
3. ̱ ⱹ ҹ (Illegal activity after departed U.S.),
4. ü ߹ ߿ ̱ ⱹ (Has departed while under removal proceedings of any kind),
5. INA 212(a)(2) ˸ ,
6. м м(Smuggled or helping others smuggle)


̷ ֱڰ ƴ ̹ڿ ſ ϴ ֱ 쿡 ſ Դϴ.


2) Ÿ ܱ(other aliens)         

ش ܱ INA section 212(a)(9)(A)(i) ش ʴ μ(Any alien not described in clause (i) who), ϳ شϴ 츦 մϴ


(I) INA section 240̳ Ÿ ߹ (has been ordered removed under section 240 or any other provision of law)
(II) ߹ ߷ɵ ¿ ̱ ⱹ (departed the United States while an order of removal was outstanding)μ ׷ ܱ ⱹ̳ ߹Ϸκ 10⳻(ι° ߹̳ ߹ 쿡 20, ߹ ǰ 쿡 20) Ա㰡 ϴ (and who seeks admission within 10 years of the date of such alien's departure or removal)


̷ ش ܱ ҹü ߹ǰų(is removed after being unlawfully present), ڹ ⱹ ⱹ ƴ (̰쿡 ߹ ˴ϴ) ̿ شմϴ.

3) (Exception).

ϴ ܱ(Clauses (i)) Ÿ ܱ(clause  (ii)), ܱ ̱ ҷ ⱹϴ Ǵ ܱ κ Ա㰡 õϴ    ܱ Ա㰡 û 쿡, ׷ Ⱓ Ա㰡 ϴ ܱοԴ ʽϴ.(Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission.).

. (B): ҹüܱ(ALIENS UNLAWFULLY PRESENT)

1) Ϲ(In general).

ϳ ϴ ܱ(չ ֱ ι ܱ ) Ա㰡 ϴ(Any alien (other than an alien lawfully admitted for permanent residence) who is inadmissible.).

(I) 180ʰ 1̸ ̱ ҹüϰ(was unlawfully present in the United States for a period of more than 180 days but less than 1 year), INA section 235(b)(1) section 240 ߹ ̱ ڹ ⱹ (ڹ ⱹ INA section 244(e) θ Һմϴ)(voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240)μ, ׷ ܱ ⱹ̳ ߹Ϸκ 3̳ ٽ Ա㰡 ϴ (and again seeks admission within 3 years of the date of such alien's departure or removal),
(II) 1̻ ̱ ҹ ü ܱ ⱹ Ǵ ߹Ϸκ 10̳ Ա㰡 ٽ ϴ (has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States)



2) 3 ԱⰣ

INA section 212(a)(9)(B)(i)(I) 찡 ̿ شϴµ, ҹü(Unlawfully present) ؾ մϴ.

ǿ 180 ̻(more than 180 days)̹Ƿ 180ϱ Ⱓ(grace period) ش˴ϴ. 180 ڹ ⱹϸ Ա ѿ ɸ ʽϴ..

ش ܱ ڽſ ߹ ڹ ⱹϿ ϴµ, ܱ ߹ Ŀ ڹ ⱹ 쿡 δ ʽϴ..

׿ ߹ ̶ ϿǷ, ش ܱο ߹ ƿ 쿡 ˴ϴ.

3̻ Ա ش ϸ 3⸸ Ա ϼ Ƿ, մϴ.

̷ ߹ ô ݵ θ(NTA) ۴ް ̹νǼҿ Ұ ־ մϴ.

߹ õ ش ܱ ̹νǰ ڹ ⱹ ûϴ ּԴϴ. ׷, ܱ ݵ ⱹؾ ϴµ, δ ̱ ʴ 찡 ټ̹Ƿ, ᱹ źû Ұ 찡 κԴϴ.

ֱڴ ܵ˴ϴ.

3) 10Ⱓ ԱⰣ

INA section 212(a)(9)(B)(i)(II) 찡 ̿ شϴµ, 1̻ ̱ ҹü (has been unlawfully present in the United States for one year or more) ˴ϴ. ̶, 1̶̻ 信 Ͽ ϸ, 1 Ե˴ϴ.


4) ҹü ؼ(Construction of unlawful presence)

ؼ ؼ, ܱ ҹü (For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States)



1. ܱ 㰡 üⰣ Ŀ ̱ üϴ 쳪(if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General, or),
2. Ա㰡 ӽԱ㰡 ʰ ̱ ü (is present in the United States without being admitted or paroled).


ҹü źл(out of status) ٸ Դϴ.

켱, ü㰡Ⱓ ̱ üϴ 쿡 Աī I-94 系 ϸ, ִ ׷ 簡 Աǿ 켱մϴ.

üⰣ(Duration of stay. D/S) ؼ ־, 㰡 ü USCISκ ޾ƾ μ 㰡 ü ǰ ǹǷ, ׶ ҹü õ˴ϴ.

°, Ա㰡 ӽԱ㰡 ̱ ü 쿡 üμ ҹü ˴ϴ.

л , ü㰡Ⱓ̳ ٰ(Good cause, not frivolous) Ͽ źкû̳ źпû 쿡, ׷ û ֱ 㰡Ⱓ Ͽ ҹü ƴϸ, ҹüⰣ ˴ϴ.


ؽ 濡 : , ڰ ڽ ξ ɷ,
̴ ڰݿ ִο 緮 Ǵմϴ.


̷ ߿ ̹κڿ ̱ ԱϷ 쿡 ˴ϴ.
мڴ ش ϴ.

4) (Exceptions)

ش ܱο شϴ 쿡 INA section 212(a)(9)(B)(i)(I) Ǵ (II) Աġ ܰ ˴ϴ.

) ̼(Minors)

ܱ 18̾ Ⱓ INA section 212(a)(9)(B)(i)(I) ҹüⰣ Ե ʽϴ.(No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).)

) (Asylees)

ܱ ǿ INA section 208 û , ش ܱ ûⰣ 㰡 찡 ƴ϶, INA section 212(a)(9)(B)(i)(I) ҹüⰣ Ե ʽϴ.(No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.)

) (Family unity)

ش ܱ 1990 ̹ι(Immigration Act) section 301 պȣ (beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990) , Ⱓ INA section 212(a)(9)(B)(i)(I) ҹüⰣ Ե ʽϴ.(shall be taken into account in determining the period of unlawful presence in the United States under clause (I).).

) ̼Ƶ(Battered women and children).

ܱ INA 212(a)(6)(A)(ii) (ii) Exception for certain battered women and children.-Clause (hall not apply to an alien who demonstrates that-

(I) the alien is a VAWA self-petitioner;

(II)(II)(a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse's or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the alien's child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse's or parent's family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and

(III) there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien's unlawful entry into the United States.
ڷμ(Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii)), INA 212(a)(6)(A)(ii)(III) ҹԱ κ ܱ ̹κ ݡ̶ ü ( if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph), INA section 212(a)(9)(B)(i) ش ܱοԴ ʽϴ..


* INA 212(a)(6)(A)(ii) 츦 ҹ̹ մϴ.

(I) ¹(VAWA. Violence Against Women Act The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355) signed as Pub.L. 103–322 by President Bill Clinton on September 13, 1994. The Act provides $1.6 billion toward investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors chose to leave unprosecuted. The Act also establishes the Office on Violence Against Women within the Department of Justice. Its coverage extends to male victims of domestic violence, dating violence, sexual assault, and stalking.[1]
VAWA was drafted by the office of Senator Joe Biden (D-DE), with support from a broad coalition of advocacy groups. The Act passed through Congress with bipartisan support in 1994, clearing the House by a vote of 235–195 and the Senate by a vote of 61–38, although the following year House Republicans attempted to cut the Act's funding.[2] In the 2000 Supreme Court case United States v. Morrison, a sharply divided Court struck down the VAWA provision allowing women the right to sue their attackers in federal court. By a 5–4 majority, the Court overturned the provision as an intrusion on states' rights.[3][4]
VAWA was reauthorized by Congress in 2000, and again in December 2005.[5] The Act's 2012 renewal was opposed by conservative Republicans, who objected to extending the Act's protections to same-sex couples and to provisions allowing battered undocumented individuals to claim, also known as U- Visas, temporary visas.[6] In April 2012, the Senate voted to reauthorize the Violence Against Women Act, and the House subsequently passed its own measure (omitting provisions of the Senate bill that would protect gays, Native Americans living in reservations, and undocumented individuals who are victims of domestic violence). Reconciliation of the two bills was stymied by procedural measures, leaving the reauthorization in question.[7] The Senate's 2012 reauthorization of VAWA was not brought up for a vote in the House.
In February 2013, the Senate passed an extension of the Violence Against Women Act by a vote of 78-22,[8] and the House of Representatives passed it by a vote of 286-138, with unanimous Democratic support and 87 Republicans voting in the affirmative.[9] The extension was signed by President Barack Obama.[10]
) ڱû(self-petitioner)
(II)(a)ܱ , θ, ܱΰ ϴ ڳ θ Ͽų, ش Կ ó μ ڳ θ ׷ ̳ Կ ϰų .(b)ܱ ڳడ ܱ ڳ θ (ܱ ̳ Կ ʾƾ մϴ), Ǵ ڳ θ ׷ ̳ Կ ϰų ϰ ܱ ׷ ̳ Կ ƴ μ ܱΰ ϴ ڳ θ , ϰų ش Կ ó
(III) (I), (II) ̳ ԰ ܱ ҹԱ ִ (there was a substantial connection between the battery or cruelty described in subclause (I) or (II) and the alien's unlawful entry into the United States).


) ߴ νŸŸ (VICTIMS OF A SEVERE FORM OF TRAFFICKING IN PERSONS)

ܱ ּ ܱ ҹü ֵ ϳ ߴ νŸŸ(severe form of trafficking ɰ νŸŸŶ,
1. ,,信 ߵǰų, ׷ ϵ ε ڰ 18 νŸŸ,  2. , , 信 뵿̳ 񽺸 ϴ , , ,,ϴ μ, ڹ 뿹, ä 뿪, ä뿪, 뿹¿ ϱ 족 մϴ.
(8) SEVERE FORMS OF TRAFFICKING IN PERSONS- The term `severe forms of trafficking in persons' means--
(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
)(Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) section 103 SEC. 103. DEFINITIONS.

In this division:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on International Relations and the Committee on the Judiciary of the House of Representatives.
(2) COERCION- The term `coercion' means--
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of the legal process.
(3) COMMERCIAL SEX ACT- The term `commercial sex act' means any sex act on account of which anything of value is given to or received by any person.
(4) DEBT BONDAGE- The term `debt bondage' means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
(5) INVOLUNTARY SERVITUDE- The term `involuntary servitude' includes a condition of servitude induced by means of--
(A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the legal process.
(6) MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING- The term `minimum standards for the elimination of trafficking' means the standards set forth in section 108.
(7) NONHUMANITARIAN, NONTRADE-RELATED FOREIGN ASSISTANCE- The term `nonhumanitarian, nontrade-related foreign assistance' means--
(A) any assistance under the Foreign Assistance Act of 1961, other than--
(i) assistance under chapter 4 of part II of that Act that is made available for any program, project, or activity eligible for assistance under chapter 1 of part I of that Act;
(ii) assistance under chapter 8 of part I of that Act;
(iii) any other narcotics-related assistance under part I of that Act or under chapter 4 or 5 part II of that Act, but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of that Act;
(iv) disaster relief assistance, including any assistance under chapter 9 of part I of that Act;
(v) antiterrorism assistance under chapter 8 of part II of that Act;
(vi) assistance for refugees;
(vii) humanitarian and other development assistance in support of programs of nongovernmental organizations under chapters 1 and 10 of that Act;
(viii) programs under title IV of chapter 2 of part I of that Act, relating to the Overseas Private Investment Corporation; and
(ix) other programs involving trade-related or humanitarian assistance; and
(B) sales, or financing on any terms, under the Arms Export Control Act, other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogrammings pursuant to section 634A of the Foreign Assistance Act of 1961.
(8) SEVERE FORMS OF TRAFFICKING IN PERSONS- The term `severe forms of trafficking in persons' means--
(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
(9) SEX TRAFFICKING- The term `sex trafficking' means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
(10) STATE- The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and territories and possessions of the United States.
(11) TASK FORCE- The term `Task Force' means the Interagency Task Force to Monitor and Combat Trafficking established under section 105.
(12) UNITED STATES- The term `United States' means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
(13) VICTIM OF A SEVERE FORM OF TRAFFICKING- The term `victim of a severe form of trafficking' means a person subject to an act or practice described in paragraph (8).
(14) VICTIM OF TRAFFICKING- The term `victim of trafficking' means a person subjected to an act or practice described in paragraph (8) or (9).
ٿ ) ̶ Ҹ 쿡, ش ܱο ؼ INA section 212(a)(9)(B)(i) (i) ϴ ܱ(Arriving aliens)
5Ⱓ Ա
(ϴ ܱο 5Ⱓ Աġ)    ʽϴ.(shall not apply to an alien who demonstrates that the severe form of trafficking (as that term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at least one central reason for the alien's unlawful presence in the United States).

5) (Tolling for good cause)

ܱ 쿡 شϴ , INA section 212(a)(9)(B)(i)(I) Ⱓ (5Ⱓ ԱⰣ . the calculation of the period of time specified in clause (i)(I)) 120 ʴ û Ⱓ ȿ ˴ϴ( shall be tolled during the pendency of such application, but not to exceed 120 days).

(I) Ա㰡 ްų ӽԱ㰡 (has been lawfully admitted or paroled into the United States),

(II) 㰡 üⰣ Ҹ źк̳ źпû μ(has filed a nonfrivolous application for a change or extension of status before the date of expiration of the period of stay authorized by the Attorney General), and

(III) ׷ û û Ⱓ 㰡 (has not been employed without authorization in the United States before or during the pendency of such application),




6) (Waiver)

̱ṵ̀ų ֱ , ڳ ̹ 쿡 INA section 212(a)(9)(B)(i)(5Ⱓ Ա) 緮 (The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence).

, ̷ 緮 ش ̹ ܱο Ա㰡 źΰ ܱ ڳ θ ùαڳ ֱڿ ؽ ʷ 쿡 մϴ(if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien).

̷ ġ ɸ ϴ(No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause).

. (C): ̹ι Ŀ ҹ üϴ ܱ(Aliens unlawfully present after previous immigration violations)

1) Ϲ(In General)

ش ܱ ϳ شϴ 쿡 Ա ˴ϴ(inadmissible)


(I) 1̻ Ⱓ ҹü (has been unlawfully present in the United States for an aggregate period of more than 1 year), or

(II) INA section 235(b)(1), section 240 ٸ ߹ Ա㰡 ʰ Աų ԱϷ õϴ(has been ordered removed under section 235(b)(1), section 240, or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible).


2) (Exception)

INA section 212(a)(9)(C)(i) ܱ ̱κ ⱹϷκ 10 ̻ Ա㰡 ϴ 쿡 ʽϴ.(Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien's last departure from the United States).

ٸ, ̷ ܱ ̱ ҷ ⱹϰų ܱ κ Ա㰡 õϱ Ⱥ ܱ Ա㰡 û ̾ մϴ(if, prior to the alien's reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien's reapplying for admission).

3) (WAIVER)

Ⱥ, ܱ ¹(VAWA) ڱû(self-petitioner) ǿ, ̿ ִ 쿡, INA section 212(a)(9)(C)(i) ֽϴ(The Secretary of Homeland Security may waive the application of clause (i) in the case of an alien who is a VAWA self-petitioner if there is a connection between)

(I) ܱο ̳ ش μ(the alien's battering or subjection to extreme cruelty); (and)

(II) ܱ ߹, ̱κ ⱹ, Ա̳ Աõ(the alien's removal, departure from the United States, reentry or reentries into the United States; or attempted reentry into the United States).




← End



[Title]
5-5. ԱⰣ 1. Ա㰡 ѱⰣ (Admissibility BARs). INA section 212(a)(9) ̹ι Ư ܱο ԱҰ شϴ ϰ ֽϴ(Section 212(a)(9) of the Act renders certain



  
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