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State Dept. Cable On Section 222(g) (June 1999)

R 071654Z JUN 99 
FM SECSTATE WASHDC 
TO ALL DIPLOMATIC AND CONSULAR POSTS 
SPECIAL EMBASSY PROGRAM 
INFO DIRNSA FORT GEORGE G MEADE MD 
HQ USINS WASHDC 

UNCLAS STATE 105097 

VISAS 

E.O. 12958: N/A 
TAGS: CVIS 
SUBJECT: CONSOLIDATED SUMMARY OF INA 222(G) GUIDANCE 

REF: A) 96 STATE 208799 B) 96 STATE 225321 
C) 96 STATE 232219 D) 97 STATE 12764 E) 98 STATE 51296 
F) 98 STATE 136516 G) 98 STATE 237895 

1. SUMMARY. REFTELS PROVIDE DETAILED GUIDANCE ON THE 
INTERPRETATION OF INA 222(G), RELATING TO ALIENS WHO 
REMAINED BEYOND THEIR AUTHORIZED NONIMMIGRANT STAY. AS 
POSTS ARE AWARE, A PORTION OF THE EARLIER GUIDANCE WAS 
SUPERSEDED BY LATER ALDACS. FOR POSTS' CONVENIENCE, 
DEPARTMENT IS SUMMARIZING BELOW THE CURRENT GUIDANCE ON INA 
222(G), SO THAT POSTS WILL HAVE A QUICK, UP-TO-DATE 
RESOURCE THAT CONSOLIDATES THE KEY INFORMATION CONTAINED IN 
THE VARIOUS REFTELS. END SUMMARY 

2. UNDER INA 222(G), IF AN ALIEN OVERSTAYS ON A 
NONIMMIGRANT VISA, THAT VISA IS AUTOMATICALLY VOIDED. IN 
ADDITION, THE ALIEN MUST APPLY FOR FUTURE NIV'S IN HIS/HER 
COUNTRY OF NATIONALITY, UNLESS THE ALIEN QUALIFIES FOR AN 
"EXTRAORDINARY CIRCUMSTANCES" EXEMPTION. 

-------------------------------------- 
WHO IS POTENTIALLY SUBJECT TO 222(G)? 
-------------------------------------- 

3. 222(G) IS NARROWER IN SCOPE THAN MANY REALIZE. IT IS 
IMPORTANT TO KEEP IN MIND THE FOLLOWING: 

-- 222(G) APPLIES ONLY TO NIV HOLDERS AND NIV APPLICANTS. 
IT HAS NO RELEVANCE IN IV CASES. 

-- 222(G) APPLIES ONLY TO OVERSTAYERS WHO ACTUALLY ENTERED 
ON SOME TYPE OF NONIMMIGRANT VISA. THE PROVISION DOES NOT 
APPLY TO PREVIOUS OVERSTAYS RELATING TO ENTRIES MADE 
WITHOUT A VISA. THUS, ALIENS WHO OVERSTAYED ON VWPP, ON 
THE CANADA VISA WAIVER, OR IN PAROLE STATUS, ARE NOT/NOT 
SUBJECT TO 222(G).  SIMILARLY, 222(G) DOES NOT APPLY TO 
ALIENS WHO ENTERED WITHOUT INSPECTION. 

-- ALTHOUGH ANY ALIEN WHO OVERSTAYS ON AN NIV IS SUBJECT 
TO HAVING THE NIV AUTOMATICALLY VOIDED, 222(G) HAS NO 
EFFECT ON ANY FUTURE NIV APPLICATIONS BY THAT ALIEN 
UNLESS/UNLESS THE ALIEN IS APPLYING FOR A NEW VISA OUTSIDE 
HIS OR HER COUNTRY OF NATIONALITY. IF AN ALIEN OVERSTAYS 
AND THEN RETURNS TO HIS/HER COUNTRY OF NATIONALITY TO APPLY 
FOR A NEW NIV, THE ALIEN HAS IN FACT COMPLIED WITH 222(G) 
AND COULD NOT BE DENIED VISA PROCESSING ON 222(G) GROUNDS. 

-- AS DETAILED IN PARAGRAPH 10 BELOW, THERE ARE NUMEROUS 
BLANKET "EXTRAORDINARY CIRCUMSTANCES" EXEMPTIONS THAT 
FURTHER LIMIT THE PRACTICAL EFFECT OF 222 (G). THE MOST 
IMPORTANT EXEMPTION IS FOR ALIENS WHO PREVIOUSLY OVERSTAYED 
AND WHO ARE APPLYING FOR A NEW VISA IN THEIR COUNTRY OF 
CURRENT RESIDENCE. SUCH ALIENS BENEFIT FROM A BLANKET 
EXEMPTION AND MAY NOT BE REFUSED VISA PROCESSING UNDER 
222 (G). 

-- THE PRACTICAL EFFECT OF THE TWO PREVIOUS PARAGRAPHS IS 
THAT 222(G) CAN BE USED TO DENY VISA PROCESSING ONLY/ONLY 
IF THE ALIEN IS A NON-RESIDENT TCN. 

-- FOREIGN OFFICIALS: APPLICANTS IN THE FOLLOWING VISA 
CATEGORIES ARE EXEMPTED FROM 222 (G): A AND G, EXCEPT A-3 
AND G-5; C-2, C-3; AND NATO-1 THROUGH -6. (REFS B AND D 
INDICATED THAT APPLICANTS IN THESE CATEGORIES BENEFIT FROM 
A BLANKET EXTRAORDINARY CIRCUMSTANCES EXEMPTION; HOWEVER, 
IT HAS SUBSEQUENTLY BEEN DETERMINED THAT, CONSISTENT WITH 
INA 102, THESE ALIENS MAY NOT BE REFUSED VISA PROCESSING 

UNDER INA 222(G) AND THEREFORE DO NOT REQUIRE AN 
EXTRAORDINARY CIRCUMSTANCES EXEMPTION.) 

-------------------------------------------------- 
WHAT CONSTITUTES AN OVERSTAY FOR 222(G) PURPOSES? 
-------------------------------------------------- 

4.  AS NOTED ABOVE, 222(G) APPLIES ONLY TO ALIENS WHO 
ENTERED ON A NONIMMIGRANT VISA AND REMAINED BEYOND THEIR 
AUTHORIZED PERIOD OF STAY. THERE ARE TWO TYPES OF 
NONIMMIGRANT ADMISSIONS: ADMISSIONS UNTIL A SPECIFIED DATE 
AND ADMISSIONS FOR DURATION OF STATUS. ALIENS ENTERING ON 
B VISAS AND MOST OTHER NIV CATEGORIES ARE ADMITTED UNTIL A 
SPECIFIED DATE, WHEREAS F, J, I, AND CERTAIN A/G HOLDERS 
ARE USUALLY ADMITTED FOR DURATION OF STATUS. 

5. IF AN NIV HOLDER WAS ADMITTED UNTIL A SPECIFIED DATE, 
HE/SHE WILL BE CONSIDERED TO HAVE REMAINED BEYOND THE 
AUTHORIZED PERIOD OF STAY FOR PURPOSES OF 222(G) IF EITHER: 
-- THE ALIEN REMAINED IN THE U.S. BEYOND THE DATE SPECIFIED 
ON THE I-94 OR ANY EXTENSION, OR 
-- THE INS OR AN IMMIGRATION JUDGE (IJ) MADE A FORMAL 
FINDING OF A STATUS VIOLATION. 

6. IF AN NIV HOLDER WAS ADMITTED FOR DURATION OF STATUS, 
HE/SHE WILL NOT/NOT BE CONSIDERED TO HAVE REMAINED BEYOND 
THE AUTHORIZED PERIOD OF STAY, AND WILL NOT/NOT BE SUBJECT 
TO 222(G), UNLESS THE INS OR AN IJ MADE A FORMAL FINDING 
THAT THE ALIEN VIOLATED STATUS. 

7. IF CONOFF FINDS THAT AN ALIEN HAS STAYED BEYOND THE 
DATE SPECIFIED ON THE I-94, THAT FINDING ALONE IS 
SUFFICIENT TO SUBJECT THE ALIEN TO 222(G); THERE IS NO NEED 
FOR A FORMAL FINDING OF A STATUS VIOLATION BY INS OR AN IJ. 

8. ON THE OTHER HAND, IF A 222(G) FINDING IS TO BE BASED 
SOLELY ON A STATUS VIOLATION (AS OPPOSED TO AN OVERSTAY ON 
A DATE-CERTAIN I-94), THEN THERE MUST HAVE BEEN A FORMAL 
FINDING OF SUCH BY INS OR AN IJ; A CONSULAR OFFICER'S 
FINDING THAT THE ALIEN VIOLATED STATUS WOULD NOT/NOT BE A 
SUFFICIENT LEGAL BASIS FOR A 222(G) FINDING. POSTS THAT 
ENCOUNTER NIV APPLICANTS WHO APPEAR TO HAVE VIOLATED STATUS 
ON A PREVIOUS NIV BUT FOR WHOM NO FORMAL INS OR IJ FINDING 
WAS MADE MAY NOT REFER THE CASE TO INS AND ASK FOR A STATUS 
VIOLATION FINDING AT THAT POINT IN ORDER TO SUBJECT THE 
ALIEN TO 222(G). RATHER, FOR 222(G) TO APPLY, THE INS OR 
IJ MUST HAVE MADE THE STATUS VIOLATION FINDING BEFORE THE 
ALIEN LEFT THE U.S., EITHER IN THE CONTEXT OF AN 

APPLICATION FOR IMMIGRATION BENEFITS (E.G., CHANGE OR 
EXTENSION OF STATUS) OR IN THE CONTEXT OF A REMOVAL 
PROCEEDING. 
-------------- 
SPECIAL RULES 
-------------- 

9. OTHER SPECIAL RULES TO KEEP IN MIND: 

-- 222(G) DOES/DOES APPLY TO ALIENS WHO FILE ASYLUM 
APPLICATIONS AND WHO REMAIN IN THE U.S. BEYOND THE DATE ON 
THE I-94 WHILE AWAITING THE OUTCOME OF THE ASYLUM CASE. 
DESPITE THE PENDING ASYLUM CLAIM, SUCH ALIENS WOULD BE 
REQUIRED TO RETURN TO THEIR COUNTRY OF NATIONALITY TO APPLY 
FOR ANY FUTURE NIV'S. (CASES OF THIS TYPE MAY MERIT 
CONSIDERATION FOR AN INDIVIDUAL EXTRAORDINARY CIRCUMSTANCES 
EXEMPTION, IF CONOFF IS SATISFIED THAT THE ALIEN CANNOT 
SAFELY RETURN TO HIS/HER COUNTRY OF NATIONALITY.) 

-- 222(G) DOES NOT/NOT APPLY TO ALIENS WHO OVERSTAY BUT 
WHO WERE ACCORDED TEMPORARY PROTECTIVE STATUS (TPS), 
PROVIDED THAT THEY WERE ACCORDED SUCH STATUS PRIOR TO THE 
EXPIRATION OF THEIR I-94 AND THAT THEY WERE COVERED BY TPS 
THROUGHOUT THE REMAINDER OF THEIR STAY IN THE U.S. 

-- 222(G) DOES/DOES APPLY TO ALIENS WHO OVERSTAY OR ARE 
FOUND BY INS OR AN IJ TO HAVE VIOLATED STATUS BUT WHO ARE 
SUBSEQUENTLY GRANTED VOLUNTARY DEPARTURE (ALTHOUGH SUCH 
ALIENS WILL NOT ACCRUE ANY UNLAWFUL PRESENCE FOR PURPOSES 
OF 212(A)(9)(B) DURING THE PERIOD COVERED BY VOLUNTARY 
DEPARTURE). 

-- 222(G) DOES NOT/NOT APPLY TO ALIENS WHO FILE FOR A 
CHANGE OF STATUS (COS) OR EXTENSION OF STAY (EOS) AND WHO 
REMAIN IN THE U.S. AFTER THE DATE ON THEIR I-94, IF THE 
REQUEST IS SUBSEQUENTLY APPROVED. 

-- 222(G) DOES/DOES APPLY TO ALIENS WHO FILE FOR A COS OR 
EOS AND WHO REMAIN AFTER THE DATE ON THEIR I-94, IF THE 
COS/EOS REQUEST IS SUBSEQUENTLY DENIED OR IS STILL PENDING 
AT THE TIME OF THE ALIEN'S DEPARTURE. (BUT SEE BELOW, 
CONCERNING THE BLANKET EXTRAORDINARY CIRCUMSTANCES 
EXEMPTION FOR CERTAIN ALIENS WHO DEPART WHILE A COS OR EOS 
APPLICATION IS PENDING.) 

--------------------------------------- 
EXTRAORDINARY CIRCUMSTANCES EXEMPTIONS 
---------------------------------------- 

10.  UNDER INA 222(G)(2)(B), IF THE DEPARTMENT FINDS THAT 
"EXTRAORDINARY CIRCUMSTANCES" EXIST, AN ALIEN SUBJECT TO 
222(G) MAY APPLY FOR A NEW NIV IN A THIRD COUNTRY, RATHER 
THAN HAVING TO RETURN TO HIS/HER COUNTRY OF NATIONALITY. 
THE DEPARTMENT HAS APPROVED THE FOLLOWING BLANKET 
EXTRAORDINARY CIRCUMSTANCES EXEMPTIONS: 

-- TCN'S RESIDENT IN THE COUNTRY IN WHICH THEY ARE 
APPLYING (AS NOTED IN PARAGRAPH 3 ABOVE). 

-- ALIENS WITH PENDING EOS/COS APPLICATIONS: REF F 
ANNOUNCED A BLANKET EXTRAORDINARY CIRCUMSTANCES EXEMPTION 
FOR ALIENS WHO TIMELY FILE A NON-FRIVOLOUS APPLICATION FOR 
CHANGE OR EXTENSION OF NIV STATUS BUT WHO DEPART THE U.S. 
WHILE THE APPLICATION IS STILL PENDING. A NON-FRIVOLOUS 
APPLICATION IS ONE WHICH IS NOT ON ITS FACE A GROUNDLESS 
EXCUSE FOR THE APPLICANT TO REMAIN IN THE U.S. TO ENGAGE IN 
ACTIVITIES INCOMPATIBLE WITH HIS/HER STATUS. IT IS NOT 
NECESSARY FOR CONOFF TO DETERMINE THAT THE INS WOULD HAVE 
APPROVED THE APPLICATION FOR THE APPLICATION TO BE 
CONSIDERED NON-FRIVOLOUS. THIS EXEMPTION WOULD BE MERITED 
ONLY IF THE ALIEN DID NOT WORK WITHOUT AUTHORIZATION EITHER 
BEFORE THE APPLICATION WAS FILED OR WHILE IT WAS PENDING. 

-- H-1B APPLICANTS DENIED COS DUE TO H-1B CAP: REF G 
ANNOUNCED A BLANKET EXEMPTION FOR ALIENS WHO TIMELY FILED A 
NON-FRIVOLOUS APPLICATION FOR CHANGE OF STATUS TO H-1B BUT 
WHO WERE PRECLUDED FROM CHANGING STATUS BECAUSE THE ANNUAL 
CEILING ON H-1B VISAS HAD BEEN REACHED. THIS EXEMPTION 
WOULD BE MERITED ONLY IF THE ALIEN DID NOT WORK WITHOUT 
AUTHORIZATION EITHER BEFORE THE APPLICATION WAS FILED OR 
WHILE IT WAS PENDING. 

-- DOCTORS SERVING MEDICALLY UNDERSERVED AREAS: ALIEN 
PHYSICIANS APPLYING FOR H-1B VISAS TO PRACTICE IN MEDICALLY 
UNDERSERVED AREAS FREQUENTLY FALL OUT OF J-VISA STATUS 
WAITING FOR APPROVAL OF THE SPECIAL WAIVER OF 212(E)'S TWO- 
YEAR RESIDENCE REQUIREMENT PROVIDED FOR IN INA 214(L). IF 
EITHER THE WAIVER APPLICATION OR THE H-1B PETITION WAS 
FILED PRIOR TO EXPIRATION OF J STATUS AND BOTH WERE 
SUBSEQUENTLY APPROVED, THE ALIEN BENEFITS FROM AN 
EXTRAORDINARY CIRCUMSTANCES EXEMPTION FROM 222(G). (NOTE: 
MOST OF THESE ALIENS WOULD HAVE BEEN ADMITTED FOR "DURATION 
OF STATUS." THIS BLANKET EXEMPTION HAS THEREFORE BEEN 
RENDERED LARGELY UNNECESSARY BY THE SUBSEQUENT 
DETERMINATION THAT ALIENS ADMITTED FOR "DURATION OF STATUS" 
CANNOT BE SUBJECT TO 222(G) UNLESS INS OR AN IJ HAS MADE A 
FORMAL FINDING OF A STATUS VIOLATION.) 

11. IN ADDITION, CONOFFS MAY RECOMMEND PARTICULAR CASES 
FOR INDIVIDUAL EXTRAORDINARY CIRCUMSTANCES EXEMPTIONS. 
SUCH RECOMMENDATIONS MUST BE SUBMITTED IN THE FORM OF AN 
ADVISORY OPINION REQUEST TO CA/VO/L/A. CONOFFS DO NOT HAVE 
AUTHORITY TO GRANT INDIVIDUAL EXTRAORDINARY CIRCUMSTANCES 
EXEMPTIONS WITHOUT PRIOR DEPARTMENT CONCURRENCE. REQUESTS 
SHOULD INVOLVE SOME TRULY EXTRAORDINARY CIRCUMSTANCE, SUCH 
AS A COMPELLING HUMANITARIAN CASE. OFFICERS NEED NOT 
SUBMIT CASES IN WHICH THE CLAIM OF EXTRAORDINARY 
CIRCUMSTANCES AMOUNTS TO NO MORE THAN INCONVENIENCE FOR THE 
APPLICANT OR AN EMPLOYER. PLEASE NOTE THAT DEPARTMENT 
GENERALLY WILL NOT ISSUE ADVISORY OPINIONS ON THE ISSUE OF 
EXTRAORDINARY CIRCUMSTANCES UNLESS THE ALIEN HAS ALREADY 
APPLIED FOR A VISA ABROAD AND BEEN FOUND BY THE CONOFF TO 
BE SUBJECT TO 222(G). 

12. NIV'S ISSUED PURSUANT TO A BLANKET OR INDIVIDUAL 
EXEMPTION SHOULD BE ANNOTATED "INA SECTION 222(G) OVERCOME 
UNDER EXTRAORDINARY CIRCUMSTANCES." 

------------------- 
EXTENT OF INQUIRY 
------------------- 

13. IN MOST CASES, THERE MAY BE NO CONVENIENT OR RELIABLE 
METHOD FOR CONOFF TO DETERMINE WHETHER AN ALIEN HAS 
OVERSTAYED ON SOME PREVIOUS VISA. ALTHOUGH SOME ALIENS MAY 
BE THE SUBJECT OF INS LOOKOUTS OR I-275'S IN CONNECTION 
WITH A PREVIOUS REMOVAL OR WITHDRAWAL OF APPLICATION FOR 
ADMISSION, OTHER OVERSTAYERS MAY NOT HAVE COME TO INS'S 
ATTENTION. MOREOVER, THE ABILITY OF AN ALIEN TO PROVE TO 
THE CONOFF THAT THE ALIEN HAS NOT OVERSTAYED ON ANY 
PREVIOUS VISITS TO THE U.S. IS LIMITED. 

14. IN LIGHT OF THE DIFFICULTY IN IDENTIFYING PREVIOUS 
OVERSTAYERS, AND GIVEN THAT 222(G) DOES NOT RENDER THE 
ALIEN INELIGIBLE FOR FUTURE NIV'S BUT SIMPLY REQUIRES THE 
ALIEN TO OBTAIN FUTURE NIV'S AT A SPECIFIED LOCATION, IT 
WOULD NOT BE A JUDICIOUS USE OF OUR LIMITED RESOURCES TO 
ENGAGE IN A LENGTHY FACTUAL INVESTIGATION IN EVERY NIV CASE 
SIMPLY TO DETERMINE WHETHER THE APPLICANT MIGHT POTENTIALLY 
BE SUBJECT TO 222(G). RATHER, OUR EFFORTS MUST BE FOCUSED 
ON THOSE CASES LIKELY TO PRODUCE RESULTS. THEREFORE, 
CONOFFS SHOULD NOT ROUTINELY UNDERTAKE IN-DEPTH QUESTIONING 
OF VISA APPLICANTS CONCERNING POSSIBLE APPLICABILITY OF 

222(G) UNLESS, IN THE NORMAL COURSE OF PROCESSING A 
PARTICULAR VISA APPLICATION, THE POSSIBILITY OF A PREVIOUS 
OVERSTAY BECOMES APPARENT THROUGH OTHERWISE ROUTINELY 
AVAILABLE INFORMATION (E.G., INSPECTION OF THE PASSPORT, 
ANSWER TO QUESTIONS ON OF-156, ETC.). 

15. IF CONOFF BECOMES AWARE OF SOME FACT THAT GIVES RISE 
TO A REASON TO BELIEVE THAT THE ALIEN HAS OVERSTAYED, THE 
ALIEN MUST PROVIDE SUFFICIENT EVIDENCE TO ESTABLISH 
OTHERWISE TO THE SATISFACTION OF THE CONOFF. POSTS SHOULD 
NOT MAKE ROUTINE REQUESTS FOR RECORD CHECKS FROM INS OR THE 
DEPARTMENT, AS ARRIVAL/DEPARTURE RECORDS OR RECORDS OF 
AUTHORIZED EXTENSIONS ARE NOT ALWAYS COMPLETE OR READILY 
ACCESSIBLE. 

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222(G) VERSUS 9B 
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16.  BOTH 222(G) AND THE THREE/TEN YEAR BAR OF 212(A)(9)(B) 
REFER TO ALIENS WHO HAVE REMAINED BEYOND THE PERIOD OF 
AUTHORIZED STAY, AND THE TWO PROVISIONS OCCASIONALLY GET 
CONFUSED. THE FOLLOWING COMPARISON SHOULD PROVE HELPFUL IN 
KEEPING THE TWO PROVISIONS STRAIGHT IN ONE'S MIND. 

17. 9B IS A SUBSTANTIVE INELIGIBILITY PROVISION, WHEREAS 
222(G) IS NOT AN INELIGIBILITY, PER SE. THE EFFECT OF 
222(G) IS SIMPLY TO VOID THE VISA ON WHICH THE OVERSTAY 
OCCURRED AND TO REQUIRE THE ALIEN TO APPLY FOR FUTURE NIV'S 
IN HIS/HER COUNTRY OF NATIONALITY. 

18. IN SOME RESPECTS, 9B IS BROADER IN SCOPE AND EFFECT 
THAN 222(G). FOR EXAMPLE: 

-- WHEREAS 222(G) APPLIES ONLY TO ALIENS WHO HAVE 
OVERSTAYED ON AN NIV, 9B APPLIES TO VARIOUS TYPES OF 
"UNLAWFUL PRESENCE," INCLUDING OVERSTAYS ON VWPP AND PAROLE 
STATUS, AS WELL AS ENTRIES WITHOUT INSPECTION. 

-- WHEREAS AN ALIEN SUBJECT TO 222(G) MAY STILL BE ISSUED 
IV'S AND MAY ALSO BE ISSUED NIV'S IN HIS/HER COUNTRY OF 
NATIONALITY (OR RESIDENCE, UNDER THE BLANKET EXEMPTION), 
ALIENS SUBJECT TO 9B ARE INELIGIBLE FOR BOTH IV'S AND 
NIV'S, REGARDLESS OF WHERE THEY APPLY. 

19. IN OTHER RESPECTS, 9B IS NARROWER IN SCOPE OR EFFECT 
THAN 222(G). FOR EXAMPLE: 

-- WHEREAS 222(G) APPLIES TO AN NIV HOLDER WHO OVERSTAYS 
FOR ANY LENGTH OF TIME, NO MATTER HOW BRIEF, 9B APPLIES 
ONLY TO OVERSTAYS OR OTHER PERIODS ON UNLAWFUL PRESENCE 
THAT EXCEED 180 DAYS. 

-- WHEREAS 222(G) GENERALLY APPLIES TO OVERSTAYS THAT 
OCCURRED BOTH BEFORE AND AFTER THE EFFECTIVE DATE OF THE 
LAW, 9B APPLIES ONLY TO PERIODS OF UNLAWFUL PRESENCE 
ACCRUING ON OR AFTER APRIL 1, 1997 (THE EFFECTIVE DATE OF 
9B). 

-- THERE ARE SEVERAL STATUTORY EXEMPTIONS UNDER 9B THAT 
DON'T APPLY UNDER 222(G). FOR EXAMPLE, ALIENS UNDER AGE 18 
DO NOT ACCRUE UNLAWFUL PRESENCE AND ARE EFFECTIVELY EXEMPT 
FROM 9B. THE LAW ALSO EXEMPTS PERIODS OF UNLAWFUL PRESENCE 
ACCRUED BY CERTAIN ALIENS WITH BONA FIDE ASYLUM CLAIMS. IN 
ADDITION, CERTAIN ALIENS WITH PENDING NON-FRIVOLOUS 
APPLICATIONS FOR CHANGE OR EXTENSION OF NIV STATUS MAY 
BENEFIT FROM A 120-DAY "TOLLING PERIOD" DURING WHICH THE 
RUNNING OF THE 9B "UNLAWFUL PRESENCE" CLOCK IS SUSPENDED. 
NO SUCH EXCEPTIONS OR EXEMPTIONS EXIST UNDER 222(G). 

20. IF POSTS HAVE ANY QUESTIONS ABOUT THE APPLICABILITY OF 
SECTION 222(G) IN A PARTICULAR CASE, THE DEPARTMENT 
(CA/VO/L/A) WILL BE HAPPY TO ASSIST. 
TALBOTT 

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