New USCIS Policy Alert on Returning to US During 3- or 10-Year Period After Departure or Removal

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.” A noncitizen’s location during the statutory 3- or 10-year period and the noncitizen’s manner of return to the United States during the statutory period are “irrelevant” for purposes of determining inadmissibility under INA § 212(a)(9)(B), USCIS said. In effect, the new policy alert means that noncitizens subject to the 3- or 10-year unlawful presence bar can serve their time in the United States.

Previously rejected applicants who meet the class action lawsuit’s case requirements can have their cases reopened and reevaluated under the new policy interpretation with USCIS using Form I-290B, Notice of Appeal or Motion. To file Form I-290B, an individual must have filed an adjustment of status and reentered the United States during the three-year or 10-year period of inadmissibility, and also meet one of the following conditions:

• Denied for adjustment of status due to entering the country during the period of inadmissibility, or

• Directed to file Form I-601, Application for Waiver of Grounds of Inadmissibility.

The new policy interpretation does not apply to separate grounds of inadmissibility, including the permanent bar.

Current clients are welcome to contact us with questions. If you are not a current client and wish to discuss how this new policy might affect your case, please contact our office to schedule a consultation.