Dealing with the 3, 10 and “Permanent” Bars-Downloadable

Dealing with the 3, 10 and “Permanent” Bars-Downloadable

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Dealing with the 3, 10 and "Permanent" Bars [Web Seminar]

This 90 minute web seminar was originally presented live on February 28, 2012


Every application for a legal permanent residence or an immigrant visa requires in-depth knowledge and understanding of the inadmissibility bars under sections 212(a)(9)(B) and 212(a)(9)(C). As attorneys, we need to know the consequences of our client's unlawful presence and various departures and re-entries to the United States before applying for legal permanent residence in the United States or sending our clients abroad for an immigrant visa interview. This panel will provide an overview of the various bars, discuss the impact of various agency memoranda on this issue in the absence of regulations, dissect when each of the bars is triggered, and analyze whether time spent in the United States can count towards the satisfaction of the bars.

  • Overview of the 3, 10 and "Permanent" Bars
  • Legacy INS and USCIS Guidance on Unlawful Presence
  • How Each of the Bars Can Be Triggered
  • Effect of Recent 9th Circuit Decision (Carrillo de Palacios)
  • Does 245(i) Help?
  • Can Time Spent in the U.S. Count Towards Satisfying the Bars?
  • How Permanent is the "Permanent" Bar?



CLE Information

Please note that your jurisdiction may limit OnDemand credit depending on the date of the original presentation. Please view the OnDemand Downloadable and CD-Rom Expiration Chart for more details.

To view CLE eligibility and the number of credits you may claim for completing this 90-minute seminar, please contact us at

  • AILA applies for accreditation upon attorneys request after participation for the following states: DE, KY, RI, and WY. Programs are typically approved.
  • Attorneys must apply individually for approval of OnDemand programs in the following states: FL, ID, ND, PR, and UT.
  • Not Eligible for CLE: AR, IA, IN, KS, MN, MO, MS, SC, TN, TX and VA.

For more information about CLE credit, please email


Paul W. Virtue (dl), Washington, DC

Paul W. Virtue is a partner with Baker & McKenzie in Washington, DC. Prior to his law firm service, Mr. Virtue served as executive associate commissioner and general counsel of the US Immigration and Naturalization Service (INS). As general counsel, Mr. Virtue provided legal and policy advice to the INS Commissioner and senior officials. With over 27 years of experience, he has been recognized as a leading lawyer by Chambers USA, Chambers Global and Legal 500.

Michael H. Davis, Minneapolis, MN

Michael H. Davis is the managing partner at Davis & Goldfarb, PLLC. He has practiced immigration law exclusively since 1987, with a particular focus representing clients in complex visa matters at U.S. consulates worldwide, including applications for waivers of inadmissibility for criminal conduct, fraud, and unlawful presence. Michael is Past Chair of AILA's Minnesota-Dakota Chapter; is incoming Acting Chair of AILA's USCIS International Operations Liaison Committee; and is co-editor of AILA's "The Consular Practice Handbook."

Kelli Jo Stump, Oklahoma City, OK

Kelli J. Stump currently practices at Stump & Associates. Her practice is focused on complex deportation, federal litigation, family- and employment-based immigrant petitions, and hardship waivers. As a member of AILA, Ms. Stump currently serves as Secretary for the Texas/Oklahoma/New Mexico Chapter and serves on the AILA National ICE Committee and Membership Committee. She has served two terms as the Oklahoma ICE liaison for the Texas chapter and is currently serving as the chapter's Oklahoma section coordinator.

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