; or (B) with respect to an alien previously denied admission and removed, such alien establishes that the alien was not required to obtain such advance consent under this Act or any other Act. (2) Criminal offenses Any alien who— (A) has been denied admission, deported, or removed or has departed the United States while an order of deportation, or removal is outstanding; and (B) after such denial, removal or departure, enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States, unless— (i) if the alien is seeking admission more than 10 years after the date of the alien’s last departure from the United States, the Secretary, before the alien’s reembarkation at a place outside the United States or the alien’s application for admission from a foreign contiguous territory, has expressly consented to such alien’s reapplying for admission; or (ii) with respect to an alien previously denied admission and removed, such alien establishes that the alien was not required to obtain such advance consent under this Act or any other Act, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (b) Criminal penalties for reentry of certain removed aliens (1) Reentry after removal Notwithstanding the penalties under subsection (a)(2), and except as provided in subsection (c)— (A) an alien described in subsection (a) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title V, and thereafter, without the permission of the Secretary, enters the United States, or attempts to enter the United States, shall be fined under title 18, United States Code, and imprisoned for a period of 15 years, which sentence shall not run concurrently with any other sentence