INA § 222(g) (overstay and visa cancellation) and § 212(a)(9)B) (unlawful presence) are two penalty provisions that can be activated if a request for reinstatement is denied. Since reinstatement by definition consists of a finding by USCIS that there has been a status violation, the denial of a reinstatement application would in all likelihood be considered a "formal finding of a status violation.., resulting in the termination of the period of stay authorized by the Attorney General." Under the most recent guidance on the applicability of INA 222(g) and § 212(a)(9)(B), the reinstatement denial would have the following effects, as of the date of the denial:
The visa that you used to enter the United States is automatically cancelled;
You are permanently limited to applying for nonimmigrant visas in the future only in your country of citizenship or permanent residence;
You will begin accumulating days of "unlawful presence." If you remain in the United States after the denial for over 180 days, you will be barred from returning to the US for three years; if you remain after the denial for one year or more, you will be barred from returning to the US for ten years Please note that whether the application is approved or denied there is an official record of a violation of status in DHS files. Status violations can have future impact on eligibility for immigration benefits such as adjustment of status.