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The Permanent Bar, 212(a)(9)(C): Re-entry Without Admission
The "permanent bar" is the harshest of the unlawful-presence rules, and it is often confused with the three- and ten-year bars. It is a different ground with different counting rules — and in two important respects it is stricter.
Everything below is from 9 FAM 302.11-4, read on 22 September 2026. Not legal advice: anyone to whom this ground may apply needs a lawyer, not a guide.
Two conditions, both required
Under INA 212(a)(9)(C), any individual who enters or attempts to reenter the United States without being admitted or attempts to enter without inspection is ineligible if they have also been: (1) Unlawfully present in the U.S. for an aggregate period of more than one year, or (2) Ordered removed under INA 235(b)(1), or other provision of law.
So there are two halves, which the manual calls 9C1 (prior unlawful presence) and 9C2 (prior removal). Either one, followed by an entry or attempted entry without admission, triggers the bar.
Someone who overstayed for more than a year, left, and later returned with a visa and was admitted is not within this ground — they face the ten-year bar instead. The permanent bar is about coming back without being admitted.
Where it is stricter than the 3- and 10-year bars
The time adds up. The ten-year bar needs a year or more on a single trip, and separate trips cannot be combined. The permanent bar's wording is an aggregate period of more than one year.
The exceptions do not carry over. The manual says the unlawful-presence definition from the three- and ten-year bars applies, "although the exceptions for 9B… do not apply to 9C." The sections it names include the exceptions for time under 18, a pending bona fide asylum claim, and a pending extension or change of status.
That second point surprises people. For the three- and ten-year bars, time spent unlawfully present as a child does not count; the manual does not carry that exception across to this ground.
Dates
- The aggregate year of unlawful presence must fall after 1 April 1997.
- A prior removal may have happened at any time, including before 1997.
- The entry or attempted entry without admission — the triggering event — must be after 1 April 1997.
A false claim to citizenship at the border counts as an entry without inspection
This is the least-known trigger:
…an individual who has either an aggregate year of illegal presence or a prior removal may trigger a 212(a)(9)(C)(i) ineligibility by making a false claim to U.S. citizenship at a POE. U.S. citizens are not subject to inspection and admission at POEs, therefore, the attempted entry via a false claim to citizenship has the same effect as an attempted entry without inspection outside of a POE.
A false citizenship claim is also a separate ground of its own — see a false claim to U.S. citizenship.
Is it really permanent?
For immigrant visas the manual calls the applicant "permanently ineligible" — but it can be lifted. After ten years, the person may ask DHS for consent to reapply by filing Form I-212. If DHS consents, the ground no longer applies. Consent does not cure any other ground.
For a nonimmigrant visa, the route depends on the half
This is where the permanent bar differs sharply from a prior removal under 212(a)(9)(A), where the manual tells nonimmigrant applicants whose waiver is going through ARIS not to file an I-212.
| 9C1 — prior unlawful presence | 9C2 — prior removal | |
|---|---|---|
| Temporary waiver via ARIS (consular recommendation) | Yes, at any time | No — "ARIS is not used for this waiver" |
| Form I-212 with DHS | Optional, if 9C1 is the only ground and more than ten years have passed since the last departure | The only route, and only after the ten years have passed |
| Result of an approved I-212 | Permanent relief; a full-validity visa can be issued | Permanent relief; a full-validity visa can be issued |
So for a visitor visa, someone under 9C1 can be recommended for a waiver by a consular officer at any point, while someone under 9C2 has no route at all until ten years have passed, and then only through DHS.
Frequently asked questions
I overstayed for over a year, went home, and came back on a new visa. Does the permanent bar apply?
Not this ground, on those facts. It requires an entry or attempted entry without being admitted. Being admitted on a visa is an admission. The overstay may have created a ten-year bar that applied to that return, which is a separate question.
Does time I spent unlawfully present as a child count toward the permanent bar?
The manual says the exceptions that apply to the three- and ten-year bars — including the under-18 exception — do not apply to this ground.
Can separate overstays add up to the permanent bar?
Yes, in principle. The ground uses an aggregate period of more than one year, unlike the ten-year bar, which requires a year or more on one trip. The bar is triggered only by a later entry or attempted entry without admission.
Can I get a tourist visa with a permanent bar?
It depends which half applies. Under 9C1 (prior unlawful presence), a consular officer may recommend a waiver through ARIS at any time. Under 9C2 (prior removal), the only route is Form I-212 with DHS, and only after ten years.
Should I file an I-212?
It depends on the ground. For 9C2, the manual says the I-212 is the only route. For a removal under 212(a)(9)(A) without an unlawful re-entry, it says an applicant whose waiver is going through ARIS should not file one. Take advice before filing anything.