\ 22cfr \ 22 CFR \ PART 40--REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED \ § Sec. 40.92 Aliens unlawfully present.
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§ Sec. 40. 92 Aliens unlawfully present.


(a)     3-year bar . An alien described in INA 212(a)(9)(B)(i)(I) shall be ineligible for a visa for 3 years following departure from the United States.

(b)     10-year bar . An alien described in INA 212(a)(9)(B)(i)(II) shall be ineligible for a visa for 10 years following departure from the United States.

(c)     Waiver. If a visa applicant is inadmissible under paragraph (a) or (b) of this section but appears to the consular officer to meet the prerequisites for seeking the benefits of INA 212(a)(9)(B)(v) , the alien shall be informed of the procedure for applying to INS for relief under that provision of law.


[62 FR 67568, Dec. 29, 1997]

\ 22cfr \ 22 CFR \ PART 40--REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED \ § Sec. 40.92 Aliens unlawfully present.
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