USCIS changes policy regarding 3 and 10 year bars of inadmissibility under INA section 212(a)(9)(B)

United States Citizenship and Immigration Services (“USCIS”) has changed its policy regarding the 3 and 10 year bars of inadmissibility under INA section 212(a)(9)(B). Previously, when someone triggered these bars by departing from the United States after accruing more than six months of unlawful presence, USCIS stated that they had to spend the requisite 3 or 10 years outside of the United States before they could apply for admission. Now, however, USCIS has changed its policy so that the requisite 3 or 10 year time periods run regardless of whether the individual returns to the United States or remains abroad. This change could allow many individuals to apply for immigration benefits without needing to apply for a waiver of inadmissibility or remain abroad for the requisite time.

Read full policy manual guidance here.