NPZ Immigration Law Blog

U.S. Citizenship and Immigration Services (USCIS) issued a policy alert on June 24, 2022, on inadmissibility under § 212(a)(9)(B) of the Immigration and Nationality Act (INA), specifically, the effect of returning to the United States during the statutory 3- or 10-year period after departure or removal (if applicable). Under the policy guidance, a noncitizen who again seeks admission more than 3 or 10 years after the relevant departure or removal “is not inadmissible under INA § 212(a)(9)(B) even if the noncitizen returned to the United States, with or without authorization, during the statutory 3-year or 10-year period.” The alert also notes that some noncitizens may be able to file a motion to reopen their previously denied applications with USCIS using Form I-290B, Notice of Appeal or Motion.

USCIS Link: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220624-INA212a9B.pdf#:~:text=PA-2022-15:%20INA%20212(a)(9)(B)%20Policy%20Manual%20Guidance%20Page:%202,(whichever%20applies)%20on%20inadmissibility%20determinations%20under%20INA%20212(a)(9)(B)