For an alien, which criterion leads to a 3-year bar from readmission if present unlawfully?

The criterion that results in a 3-year bar from readmission for an alien who has been present unlawfully in the United States is related to a period of unlawful presence exceeding 180 days. When an individual accrues more than 180 days but less than one year of unlawful presence and then departs the U.S., they trigger a 3-year bar on reentry. This provision underscores the seriousness with which U.S. immigration law treats unauthorized presence, reflecting a desire to deter unlawful immigration and preserve the integrity of the immigration system.

In contrast, if an individual has been unlawfully present for less than 180 days, they do not face any bars from reentry, and thus, shorter durations of unlawful presence are not penalized in the same manner. Additionally, being unlawfully present for more than 1 year and then departing triggers a 10-year bar, which is more severe than the 3-year bar associated with the 180-day threshold. Therefore, the center of this regulation is that unlawful presence of more than 180 days specifically leads to the 3-year reentry bar, ensuring individuals understand the risks associated with their immigration status.