Which INA section refers to the unlawful presence that could lead to a bar for re-entry?

The correct choice pertains to INA § 212(a)(9)(B)(i)(I), which specifically addresses unlawful presence. This section outlines the conditions under which an individual who has accrued unlawful presence in the United States may be subject to bars on re-entry.

Under this provision, individuals who have been unlawfully present for more than 180 days but less than one year and who subsequently depart the U.S. are barred from re-entering for three years. Those who have been unlawfully present for one year or more face a ten-year re-entry bar. This delineation is crucial in immigration enforcement, as it serves to discourage individuals from overstaying their visas and thereby aims to uphold the integrity of the immigration system.

In contrast, the other options refer to different aspects of immigration law. For example, INA § 245(k) allows certain individuals to adjust their status without being subject to certain grounds of inadmissibility if they meet specific criteria, but it does not specifically address unlawful presence. INA § 212(d)(5)(A) deals with temporary waivers of inadmissibility granted to individuals, which is a different concept than the bars related to unlawful presence. Lastly, INA § 245(c)(2) relates to the adjustment