22 CFR § 40.93 - Aliens unlawfully present after previous immigration violation.

---
identifier: "/us/cfr/t22/s40.93"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "22 CFR § 40.93 - Aliens unlawfully present after previous immigration violation."
title_number: 22
title_name: "Foreign Relations"
section_number: "40.93"
section_name: "Aliens unlawfully present after previous immigration violation."
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "E"
subchapter_name: "VISAS"
part_number: "40"
part_name: "REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1104, 1182, 1183a, 1641"
regulatory_source: "56 FR 30422, July 2, 1991, unless otherwise noted."
cfr_part: "40"
---


# 40.93 Aliens unlawfully present after previous immigration violation.

An alien described in INA 212(a)(9)(C)(i) is permanently ineligible for a visa unless the Secretary of Homeland Security consents to the alien's application for readmission not less than 10 years following the alien's last departure from the United States. Such application for readmission shall be made prior to the alien's reembarkation at a place outside the United States.

[62 FR 67568, Dec. 29, 1997]