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DHS/USCIS | RIN: 1615-AC46 | Publication ID: Spring 2021 |
Title: Enhancing the Integrity of the Unlawful Presence Inadmissibility Provisions | |
Abstract:
The three- and ten-year bars to admissibility of section 212(a)(9)(B)(i) of the Immigration and Nationality Act (the Act) and the permanent bar to admissibility of section 212(a)(9)(C)(i)(I) of the Act were added by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Div. C of Pub. L. 104-208 (September 30, 1996) (IIRIRA)). The amendments enacting sections 212(a)(9)(B) and (C) became effective on April 1, 1997. To date, DHS has not implemented regulations describing how unlawful presence accrues for the purposes of 212(a)(9)(B)(i) and (C)(i)(I). DHS intended to propose regulations to this effect. Further, DHS intended to address how noncitizens subject to inadmissibility under 212(a)(9)(B)(i) and (C)(i)(I) may be admitted to the United States after remaining outside the United States for the required period of time. DHS has determined that the proposed regulation should be withdrawn.
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Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 8 CFR 212 8 CFR 214 | |
Legal Authority: INA sec. 212(a)(9)(B) INA sec. 212(a)(9)(C) INA sec. 214 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Mark Phillips Residence and Naturalization Division Chief Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009 Phone:240 721-3000 |