Is It Truly Safe to Travel? <em>Arrabally</em>’s Impact So Far on the Unlawful Presence Bars (.PDF)

Is It Truly Safe to Travel? Arrabally’s Impact So Far on the Unlawful Presence Bars (.PDF)

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Release Date 11/22/2016
Length 6 Pages
Format PDF
SKU FP16-11
The 2012 case of Matter of Arrabally & Yerrabelly further defined what was a departure for purposes of triggering the three- and ten-year bars to unlawful presence. 25 I&N Dec. 771 (BIA 2012). 25 I&N Dec. 771 (BIA 2012). Remember, to trigger an unlawful presence bar under INA 212(a)(9)(b), the immigrant must actually depart the United States after the accrued unlawful presence. Prior to Arrabally, an unsuspecting immigrant who was had an adjustment of status case pending and was expecting to interview and receive their green card in the United States who thought it was safe to depart the United States was subject to inadvertently triggering the unlawful presence bars even though USCIS had issued an Advance Parole document, the travel document that provides the immigrant permission to travel abroad while their case remains pending with USCIS and symbolizes that the immigrant has no intention to abandon their green card case in the United States. Why would USCIS issue the advance parole if leaving with USCIS permission could lead to triggering an unlawful presence bar anyway? In Arrabally, an AILA member sought to challenge that policy.
Heather L. Poole is the managing partner of the Family & Removal Group at Stone, Grzegorek & Gonzalez, LLP, a full-service immigration firm based in Los Angeles, CA. She is a Certified Specialist 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 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 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.

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