NON-CITIZENS (ALIENS) PREVIOUSLY REMOVED

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INA § 212(a)(9)(A)(iii) is a legal provision that may have significant consequences for individuals who have been removed or deported from the United States. This provision is designed to prevent individuals from entering or attempting to reenter the United States without first obtaining permission from the U.S. government to do so.

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Under this provision, an individual who has been ordered removed from the United States and then enters or attempts to reenter the country without obtaining permission may be inadmissible to the United States for a period of 10 or 20 years. The period of inadmissibility will not begin until the individual has left the country, meaning that if an individual is unlawfully present in the United States and is then ordered removed, the period of inadmissibility will not start until they leave the country.

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Waivers and Exceptions to a INA §212(a)(9)(A)

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It is essential to note that there are exceptions to the application of INA § 212(a)(9)(A)(iii). For example, individuals who were under the age of 18 when they were removed or who are a spouse, parent, or child of a U.S. citizen or lawful permanent resident may be eligible for a waiver of the period of inadmissibility. A waiver is sought using Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. 

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The purpose of INA § 212(a)(9)(A)(iii) is to discourage individuals who have been removed or deported from the United States from attempting to reenter the country without permission. By imposing a period of inadmissibility, the provision aims to ensure that individuals who have been removed from the United States comply with the country's immigration laws.

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Contact The Law Office of George K. Gomez, P.A. to discuss your possible eligibility for an immigration waiver.

 

If you have been removed or deported from the United States and are considering reentering the country, it is essential to seek legal advice before doing so. Violating INA § 212(a)(9)(A)(iii) can result in severe consequences, including a triggering the permanent bar of inadmissibility to the United States. An experienced immigration lawyer can help you understand your legal options and the potential consequences of your actions.

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At The Law Office of George K. Gomez, P.A., we have extensive experience helping individuals with immigration matters, including inadmissibility issues. Our team of skilled attorneys can provide you with the legal guidance and support you need to navigate the complex U.S. immigration system. Contact us today to schedule a consultation.

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If you need an immigration lawyer or just need more information on the immigration-related legal services we can offer, our service areas, or wish to learn more about our managing attorney, contact us at (305) 539-0991, or book a consultation online.