Originally Posted by Demise

No it doesn't apply.

Period of illegal presence has to be at least 1 year in aggregate, and you have to enter without inspection. Re-entry that's with inspection even if it shouldn't happen won't trigger the permanent ban.



It's permanent in the way that it doesn't ever expire on its own. Unlike lets say the 10 year ban that you can technically wait out.

There's also the additional limitation that you are ineligible for a waiver for 10 years after departure. The waiver itself doesn't have any statutory requirements meaning that you could get it approved by sending an I-212 with nothing to back it up with.

It's like saying that the 10 year ban is no ban at all because you can waive it without waiting.