INA 212(a)(9)(C)(i) renders inadmissible both those who left under a deportation order, and those who had more than one year unlawful presence, and thereafter enter or try to enter illegally. INA 212(a)(9)(C)(ii) states that INA 212(a)(9)(C)(i) shall not apply if the AG consents to readmission. Presumably this means via an I-212. Usually, one thinks of an I-212 as permission to reapply after deportation, but the way clause INA 212(a)(9)(C)(ii) is drafted, it also appears to cover unlawful presence. Under 8 C.F.R. 212.2(e) and (i), applicants are entitled to seek permission to reapply simultaneously with their applications for adjustment, and if granted, permission is retroactive to the date of their re-embarkment. This leaves only the problem that the I-212 would be filed before the 10 years specified in clause (ii) have run. Those are the same 10 years which can be waived under INA 212(a)(9)(B)(v). Counsel can attempt to obtain the two waivers simultaneously or keep the case going until ten years have passed since the last departure. (Even if CIS denies it, it may be a while before an NTA is issued, depending on the jurisdiction). There is at least an argument that it can be cured with an I-212, together with an I-601. Thanks to Lisa Brodyaga.