Under INA 212(a)(9), who may be exempt from the waiting period for re-entry?

Minors and asylees fall under specific exemptions outlined in INA 212(a)(9). When an individual is a minor, certain regulations allow for more flexibility in terms of re-entry, recognizing their unique status and potential vulnerabilities. Likewise, asylees, who are individuals that have been granted asylum status, often face different considerations regarding their re-entry into the United States, particularly as their status may provide them with protections against the standard waiting periods imposed on other categories.

In contrast, individuals with valid visas, military personnel, and visitors on tourist visas do not share the same level of exemption from waiting periods upon re-entry. While military personnel may have expedited processes due to their service, they are not automatically exempt under INA 212(a)(9) in the same context as minors and asylees. Valid visas and tourist visas dictate specific terms of entry that generally do not include exemptions from the waiting period established for those who have previously been removed or are inadmissible.

This nuanced understanding of re-entry requirements is crucial for those working within immigration law and enforcement contexts, as it reflects the specialized nature of protections afforded to minors and asylees.