The Unlawful Presence Bars—Analysis and Remedies - Recording (.MP3)

The Unlawful Presence Bars—Analysis and Remedies - Recording (.MP3)

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Presented 11/17/2016
CLE Eligible Yes
Length 90 min.
Format MP3
SKU AS2016-11-17-DL

The unlawful presence bars under INA §212(a)(9)(B) and (C) have been the bane of immigration practitioners ever since the Illegal Immigration Reform and Immigration Responsibility Act of 1996 was enacted. Our panel of experts will discuss how to determine if a client is subject to the bar, how to avoid triggering the bar, and the latest tactics when applying for waivers of the bars.

Featured Topics

  • Unlawful Presence Bars: Three-Year, Ten-Year, and Permanent Bars
  • Differences Between Unlawful Status and Unlawful Presence
  • Identifying If Your Client Is Subject to Any of the Unlawful Presence Bars
  • Differing Interpretations of the Bars Across the Circuits
  • How to Avoid Triggering the Bars
  • When to File the I-601 or I-601A Waiver
  • Matter of Arrabally and Yerrabelly and the Bars

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Heather L. Poole (DL), AILA Board of Governors, Los Angeles, CA
Heather L. Poole is the managing partner of the Family & Removal Group at Stone, Grzegorek & Gonzalez, LLP, a fused in Los Angeles, CA. She is a Certified Specll-service immigration firm baialist in Immigration & Nationality Law by the California State Bar. She is an elected director of AILA's Board of Governors, is former chair of AILA's Southern California Chapter and AILA's New Member Division, and served on AILA's USCIS Field Operations and NBC liaison committees for two years, tackling I-601 inadmissibility waiver issues during the provisional waiver program introduction. She is a frequent speaker and author on complicated family and waiver immigration topics. She has been named a "Super Lawyer" for excellence in immigration law ( and listed in "Top Women Attorneys in California" in Los Angeles magazine. In her "spare" time, Heather teaches immigration law in the paralegal A.A. program at Fullerton College and Cerritos College.

Kathleen C. Gasparian, New Orleans, LA
Kathleen C. Gasparian is the founder of Gasparian Immigration. She has served as the chair of AILA’s MidSouth Chapter and the AILA EOIR Liaison Committee. She has also served as a Regulatory Ombudsperson for Scholar Issues for NAFSA Region III. She serves on the Board for the New Orleans Chapter of the FBA, and as an adjunct professor at Loyola University, New Orleans, and at Tulane University. Gambit, the alternative weekly in New Orleans, named her one of its “40 under 40” for her success as an attorney. In 2014, she founded a program to match immigrant children with pro bono legal representation, and she was recognized by Super Lawyers and the Louisiana State Bar Association for her efforts.

Jon E. Jessen, Stamford, CT
Jon E. Jessen is a solo practitioner in Stamford, CT, where he represents individuals in removal proceedings, asylum, consular practice, adjustment of status, VAWA/U visa petitions, naturalization applications, and appeals. Mr. Jessen has represented clients before the BIA and U.S. Court of Appeals, including setting precedent in: Matter of Arrabally and Yerrabelly; Melnitsenko v. Mukasey (2d Cir. 2008), and Pinto-Montoya v. Mukasey (2d Cir. 2008). Mr. Jessen has spoken on immigration topics for AILA and other bar organizations, including being a panelist at the DHS Ombudsman’s Second Annual Conference in Washington, D.C., with The Honorable Linda S. Wendtland, author of the majority opinion for Arrabally and Yerrabelly.

The speaker's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided in the written materials are based on the speaker's experiences and current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and the speaker's experiences may differ from your own.

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