3 / 10-year bars and the permanent bar: how UP settles into a bar
INA §212(a)(9)(B) 3/10-year bars use single continuous UP; the §212(a)(9)(C) permanent bar uses aggregate UP > 1 year. This page contrasts the rules, activation triggers, and the Arrabally carve-out.
Last reviewed: 2026-06-27
This page maps INA §212(a)(9)(B)(i)(I)/(II) and §212(a)(9)(C). Waivers (I-601/I-601A), consular reapplication, and the Arrabally carve-out are case-specific.
The 3 and 10-year bars use single continuous UP: >180 days & <1 year → 3 years; ≥1 year → 10 years. The permanent bar uses aggregate UP > 1 year or post-removal illegal reentry. All bars activate only on departure.
The three bars side by side
| Bar | Statute | UP counted as | Activation |
|---|---|---|---|
| 3-year bar | §212(a)(9)(B)(i)(I) | single continuous UP > 180 days & < 1 year | departure |
| 10-year bar | §212(a)(9)(B)(i)(II) | single continuous UP ≥ 1 year | departure |
| Permanent bar | §212(a)(9)(C) | aggregate UP > 1 year and later reentry/attempt without admission; or post-removal attempt | reentry attempt |
Legal terminology quick reference
Split by axis + events; click a term to jump to the matching definition section on this site.
| 中文 | English | Axis / Category | One-liner |
|---|---|---|---|
| 合法身份 | lawful status / legal status | status axis | Complying with classification conditions; a subset of authorized stay. |
| 失去身份 | out of status | status axis | Violation of classification conditions; ≠ automatic UP accrual. |
| 授权停留期 | period of stay authorized | presence axis | The §212(a)(9)(B) primary anchor; UP does not accrue during this period. |
| 非法滞留 (UP) | unlawful presence | presence axis | Accrues in real time in-country; settles into a bar upon departure. |
| 超期停留 | overstay | event | Past the I-94 date; triggers §222(g) visa voidance. |
| 离境 | departure | event | The event that settles accrued UP into a 3 / 10-year bar. |
| §222(g) 签证作废 | §222(g) visa voidance | event consequence | Triggered by overstay; decoupled from UP / bar mechanics. |
| 3 / 10 年禁令 | 3 / 10-year bar | settlement outcome | INA §212(a)(9)(B); single continuous UP; activates on departure. |
| 永久禁令 | permanent bar | settlement outcome | INA §212(a)(9)(C); aggregate UP > 1 year + later reentry/attempt without admission. |
Why "continuous" vs "aggregate" matters
§212(a)(9)(B) reads "has been unlawfully present ... for a period of more than 180 days" — USCIS reads that as single continuous. §212(a)(9)(C) says "in the aggregate for a period of more than 1 year" — explicitly aggregate. Two statutes, two methods.
The bar is dormant while you are in the U.S.
Counterintuitive but central: accruing UPinside the U.S. does not immediately "ban" you. A bar is a form of inadmissibility — it bites at the next admission/adjustment, which requires you to have left first.
Departure mechanics
- Ordinary departure → settlement.
- Removal → also triggers §212(a)(9)(A), stackable with (B).
- Departure on AP (AOS applicants): Matter of Arrabally & Yerrabelly (BIA 2012) — not a "departure" for §212(a)(9)(B); other risks still apply.
- For §212(a)(9)(C), the trigger is not the departure itself but the later reentry or attempted reentry.
Waivers (overview)
- I-601: general inadmissibility waiver covering many grounds (including §212(a)(9)(B)). Requires showing extreme hardship to a qualifying relative.
- I-601A: provisional unlawful presence waiver — allows certain applicants to obtain a conditional waiver of §212(a)(9)(B) before leaving for consular processing.
- §212(a)(9)(C) permanent bar: relief is extremely narrow; generally requires 10 years abroad and consent to reapply (Form I-212), and is not available to most family-based applicants.
Common mistakes
- ❌ "I overstayed 200 days total in separate trips, each under 180 — that triggers the 3-year bar." It does not; 3/10-year is continuous.
- ❌ "The bar activates on my I-94 expiration." It doesn't — departure is the settlement event.
- ❌ "The permanent bar triggers automatically at 1 year of aggregate UP." §212(a)(9)(C) also requires a subsequent reentry / attempted reentry without admission.
This site provides general information only.
Frequently asked (FAQ)
Is the 3/10-year bar based on aggregate UP?
No. §212(a)(9)(B) uses a single continuous period. Multiple UP periods each under 180 days do not stack into a 3/10-year bar.
What about the permanent bar?
§212(a)(9)(C) uses aggregate UP > 1 year, OR a reentry / attempted reentry without admission after removal. This one does stack.
Is the bar running while I'm in the U.S.?
No. The bar lies dormant and activates only on departure. UP itself continues to count while present.
Does AP travel activate a bar?
Matter of Arrabally & Yerrabelly (BIA 2012) holds that an AOS applicant's departure on AP is not a 'departure' for §212(a)(9)(B) purposes.
What are I-601 / I-601A?
I-601 is a general inadmissibility waiver, including §212(a)(9)(B). I-601A is a provisional UP waiver that lets some applicants obtain conditional relief before consular processing abroad. Eligibility is case-specific.
How is the 180-day threshold counted?
§212(a)(9)(B)(i)(I) reads 'more than 180 days but less than 1 year'. USCIS counts continuous full days after authorized stay ends; >180 days lands you in the 3-year tier, ≥1 year in the 10-year tier. Confirm exact dates with an attorney.
Do §212(a)(9)(A) and (B) stack after removal?
Yes. Removal itself triggers §212(a)(9)(A) (5/10/20-year bars). If you also have single continuous UP, §212(a)(9)(B) runs in parallel; waivers must be evaluated separately.
Does pre-1997 UP count?
No. §212(a)(9)(B) was created by IIRIRA, effective 1997-04-01. Time accrued before that date does not count toward the 3/10-year formula. Older sources may state pre-IIRIRA rules — don't apply them today.
Sources this page relies on
- Case law · 2012Matter of Arrabally & Yerrabelly: AP travel is not a 'departure' for §212(a)(9)(B)
AAO held that traveling on Advance Parole while an I-485 is pending is not a 'departure' that triggers the 3/10-year bar under INA §212(a)(9)(B).
- Statute · 1996INA §212(a)(9)(B): statutory 3 / 10-year bar
Enacted in IIRIRA 1996: more than 180 days but less than 1 year of UP followed by departure triggers the 3-year bar; 1 year or more triggers the 10-year bar. The clock counts UP; the trigger is the departure.
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