Evaluating Unlawful Presence & Waivers Eligibility Absence of Regs-Downloadable

Evaluating Unlawful Presence & Waivers Eligibility Absence of Regs-Downloadable

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Evaluating Unlawful Presence and Eligibility for Waivers in the Absence of Regulations

This 90 minute web seminar was originally presented July 29, 2010.

On May 6, 2009, USCIS issued a 51 page memorandum consolidating and rescinding over a decade of previously issued guidance on unlawful presence and revising and redesignating Chapter 30.1(d) of the Adjudicators Field Manual to Chapter 40.9. The bars to admissibility under INA §212(a)(9) can have a devastating impact on families, tearing them apart for years or even indefinitely. An in depth understanding of how to count unlawful presence and the waiver process is imperative to effective client representation.

  • Defining Periods of Unlawful Presence
  • Determining the Start Date of Unlawful Presence
  • Cumulative vs. Single Periods
  • INA §212(a)(9)(B): 3/10 Year Bars
  • What Subsequent "Admissions" to the U.S. Means
  • Eligibility for the Waiver
  • USCIS vs. Immigration Court Jurisdiction
  • INA §212(a)(9)(C): "Permanent" Bar
  • What It Really Means
  • Eligibility for the Waiver
  • USCIS v. Immigration Court Jurisdiction
  • Recent Court Decisions and Strategies to Challenge USCIS and BIA Statutory Interpretations

AILA has not applied for and is not administering CLE credit for this OnDemand program. However, CLE self-study credit may be available in your jurisdiction. Please check your jurisdiction’s CLE rules on the AILA CLE Center for more information.


Mark R. Barr (dl), Denver, CO

Mark R. Barr is a 2004 graduate of the University of Denver School of Law. He is an associate attorney at Lichter & Associates, a Denver-based immigration law firm specializing in removal defense, contested family and naturalization applications, administrative appeals, and related federal litigation.

Rekha Sharma-Crawford, Overland Park, KS

Rekha Sharma-Crawford, is a passionate advocate for immigration rights as it applies to the fair application of the law. With broad experiences as an assistant district attorney and practicing attorney, Ms. Sharma-Crawford is a frequent speaker and lecturer on matters of immigration law. She is also a frequent instructor at the American Immigration Council Litigation Institute. Ms. Sharma-Crawford received her Juris Doctorate from Michigan State University College of Law in 1993. She is licensed to practice law in the states of Kansas, Texas, Michigan, and Missouri and is a partner in her own firm.

Thipphavone P. Ark, San Francisco, CA

Thipphavone “Thip” Ark practices immigration law in San Francisco. Her areas of practice include family-based immigration, asylum and removal defense. She received her bachelor’s degree from the University of California at Davis and her J.D. from the University of California, Hastings College of Law. For the past ten years, Ms. Ark has been a frequent speaker at AILA conferences and has given numerous lectures and written articles on immigration law. She has extensive experience with litigating in Immigration Court, the Board of Immigration Appeals, the United States District Court, and the United States Federal Courts of Appeals.

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