PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-576 (1) IN GENERAL. —Section 212(a) (8 U.S.C. 1182(a)) is amended by redesignating paragraph (9) as paragraph (10) and by inserting after paragraph (8) the following new paragraph: "(9) ALIENS PREVIOUSLY REMOVED.— " (A) CERTAIN ALIENS PREVIOUSLY REMOVED.— "(i) ARRIVING ALIENS. — Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. "(ii) OTHER ALIENS.— Any alien not described in clause (i) wha— "(I) has been ordered removed under section 240 or any other provision of law, or "(II) departed the United States while an order of removal was outstanding, and who seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. " (iii) EXCEPTION.—Clauses (i) and (ii) shall not apply to an alien seeking admission within a period if, prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Attorney General has consented to the alien's reapplying for admission. "(B) ALIENS UNLAWFULLY PRESENT. — "(i) IN GENERAL. —Any alien (other than an alien lawfully admitted for permanent residence) who— "(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or "(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States, is inadmissible. " (ii) CONSTRUCTION OF UNLAWFUL PRESENCE. —For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
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