According to INA § 212(a)(9)(B)(i)(I), what is the consequence for an alien unlawfully present for more than 180 days but less than 1 year?

The correct answer aligns with the provision in the Immigration and Nationality Act (INA) § 212(a)(9)(B)(i)(I), which specifies that an alien who has been unlawfully present in the United States for more than 180 days but less than one year is subject to a 3-year bar to reentry following their departure from the U.S. This bar is enacted to discourage individuals from overstaying their visas or remaining unlawfully in the country. The statutory language clearly delineates this duration of unlawful presence as resulting in a specific timeframe before an individual can apply for reentry or adjust their immigration status.

Understanding this provision is crucial for determining the consequences of unlawful presence, as it directly impacts an individual’s ability to return to the U.S. and engage in legal immigration processes. This 3-year bar serves as a disincentive to unlawful presence, reinforcing the importance of adhering to immigration laws and regulations.