[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR40.93] [Page 158] TITLE 22--FOREIGN RELATIONS CHAPTER I--DEPARTMENT OF STATE PART 40_REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE Subpart J_Aliens Previously Removed Sec. 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]