---
kind: "section"
citation: "22 C.F.R. § 40.91"
title: "22"
number: "40.91"
heading: "Certain aliens previously removed."
url: "https://uscodex.org/cfr/22/40.91"
---

# §40.91. Certain aliens previously removed.

- (a) **5-year bar.** An alien who has been found inadmissible, whether as a result of a summary determination of inadmissibility at the port of entry under INA 235(b)(1) or of a finding of inadmissibility resulting from proceedings under INA 240 initiated upon the alien's arrival in the United States, shall be ineligible for a visa under INA 212(a)(9)(A)(i) for 5 years following such alien's first removal from the United States.
- (b) **10-year bar.** An alien who has otherwise been removed from the United States under any provision of law, or who departed while an order of removal was in effect, is ineligible for a visa under INA 212(a)(9)(A)(ii) for 10 years following such removal or departure from the United States.
- (c) **20-year bar.** An alien who has been removed from the United States two or more times shall be ineligible for a visa under INA 212(a)(9)(A)(i) or INA 212(a)(9)(A)(ii), as appropriate, for 20 years following the most recent such removal or departure.
- (d) **Permanent bar.** If an alien who has been removed has also been convicted of an aggravated felony, the alien is permanently ineligible for a visa under INA 212(a)(9)(A)(i) or 212(a)(9)(A)(ii), as appropriate.
- (e) **Exceptions.** An alien shall not be ineligible for a visa under INA 212(a)(9)(A)(i) or (ii) if the Secretary of Homeland Security has consented to the alien's application for admission.

## Notes

### Amendments

[62 FR 67568, Dec. 29, 1997, as amended at 63 FR 64628, Nov. 23, 1998]

### Source

Source: 61 FR 59184, Nov. 21, 1996, unless otherwise noted.

### Authority

Authority: 8 U.S.C. 1104, 1182, 1183a, 1641

### Source

Source: 56 FR 30422, July 2, 1991, unless otherwise noted.

### Amendments

[62 FR 67568, Dec. 29, 1997, as amended at 63 FR 64628, Nov. 23, 1998]