Foreign Nationals Unlawfully Present (3-and 10-Year Bars)—INA § 212(a)(9)(B)
The (3) three-year bar is applied to individuals who have been unlawfully present in the U.S. for a period of “more than 180 days but less than one year.” If the individual has been unlawfully present for more than six months but less that one year and has voluntarily departed the U.S. prior to commencement of removal proceedings, he or she is barred from seeking readmission for a period of only three years.
The (10) ten-year bar is applied to individuals who have been unlawfully present in the U.S. for a period of one year or more and who seeks admission within 10 years of his or her removal.