Determining Unlawful Presence for Purposes of the 3-Year, 10-Year, and Permanent Bars
This article focuses on what constitutes unlawful presence for purposes of the three-year, ten-year, and permanent bars. Lee O'Connor walks the reader through the intricacies of unlawful presence and offers practice advice by providing arguments and counterarguments that counsel can make on behalf of their clients.
This article discusses:
- The Definition of Unlawful Presence
- Authorized Stay Distinguished from "Status"
- Effective Date of Unlawful Presence
- Statutory Exceptions to Unlawful Presence
- Counterarguments to USCIS Contentions on the Permanent Bar
- Categories Implicitly Exempted from Unlawful Presence
- Policy Exceptions to Unlawful Presence
- Categories Not Considered POSABAG
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