(B) Aliens unlawfully present.--
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.
(iii) Exceptions.--
(I) Minors.--No period of time in which an alien is under 18 years of age shall be taken into
account in determining the period of unlawful presence in the United States under clause (i).
(II) Asylees.--No period of time in which an alien has a bona fide application for asylum
pending under section 208 shall be taken into account in determining the period of unlawful
presence in the United States under clause (i) unless the alien during such period was employed
without authorization in the United States.
(III) Family unity.--No period of time in which the alien is a beneficiary of family unity
protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account
in determining the period of unlawful presence in the United States under clause (i).
(IV) Battered women and children.--Clause (i) shall not apply to an alien who would be
described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa"
were substituted for "unlawful entry into the United States" in subclause (III) of that
paragraph.
(V) Victims of a severe form of trafficking in persons--Clause (i) shall not apply to an alien
who demonstrates that the severe form of trafficking (as that term is defined in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) was at least one central
reason for the alien's unlawful presence in the United States.
(iv) Tolling for good cause.-- In the case of an alien who--
212(a)(9)(B)(iv)(I) has been lawfully admitted or paroled into the United States,
(II) has filed a nonfrivolous application for a change or extension of status before the date
of expiration of the period of stay authorized by the Attorney General, and
(III) has not been employed without authorization in the United States before or during the
pendency of such application,
the calculation of the period of time specified in clause (i)(I) shall be tolled during the
pendency of such application, but not to exceed 120 days.
(v) Waiver.--The Attorney General has sole discretion to waive clause (i) in the case of an
immigrant who is the spouse or son or daughter of a United States citizen or of an alien
lawfully admitted for permanent residence, if it is established to the satisfaction of the
Attorney General that the refusal of admission to such immigrant alien would result in extreme
hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall
have jurisdiction to review a decision or action by the Attorney General regarding a waiver
under this clause.
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