Category Archives: Unlawful Presence

Unlawful Presence Bars

Posted on November 7, 2014 by Mike Baker

Dealing with the Unlawful Presence Bars 1. Dealing with the Unlawful Presence Bars, by Paul Virtue, Michael Davis, and Kelli Stump. Download PDF 2. Practice Advisory: Unlawful Presence and INA §§ 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I): A summary of the May 6, … Continue reading →

Posted in 10 and “Permanent” Bars, 212(d)(3) Non-immigrant Visa Waiver, 3 and 10 Year Bar, Unlawful Presence, Unlawfully Present in the United States | Leave a comment

Guidance on Provisional Unlawful Presence Waivers

Posted on January 24, 2014 by Mike Baker

U.S. Department of Homeland Security January 24, 2014 Field Guidance SUBJECT: Guidance Pertaining to Applicants for Provisional Unlawful Presence Waivers. U.S. Citizenship and Immigration Services Field Operations Directorate Washington, DC 20529 Purpose: This field guidance addresses the adjudication of Form … Continue reading →

Posted in Application for Provisional Unlawful Presence WaiverI-601A, I-601A, Provisional Waivers, Stateside Processing of I-601A Waivers, The Provisional Waiver, Unlawful Presence, Unlawfully Present in the United States, Waivers, Waivers of Inadmissibility | Tagged , | Leave a comment

Noncitizens Previously Removed or Unlawfully Present

Posted on June 25, 2013 by Mike Baker

Noncitizens Previously Removed or Unlawfully Present. Unlawful Reentry Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006) (1) An alien who reenters the United States without admission after having previously been removed is inadmissible under section 212(a)(9)(C)(i)(II) of the Immigration … Continue reading →

Posted in 10 and “Permanent” Bars, 212(d)(3) Non-immigrant Visa Waiver, 3 and 10 Year Bar, Form I-212 and Form I-824, Form I-824: Application for Action on an Approved Application or Petition, Noncitizens Previously Removed or Unlawfully Present, Permission to Reapply, Permission to Reapply for Admission, Unlawful Presence, Unlawfully Present in the United States, Waivers, Waivers of Inadmissibility | Tagged | Leave a comment

The Provisional Waiver

Posted on May 21, 2013 by Mike Baker

The Provisional Waiver On January 3, 2013, U.S. Citizenship and Immigration Services (USCIS) published a final rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional … Continue reading →

Posted in Application for Provisional Unlawful Presence WaiverI-601A, How Does a U.S. Citizen File for a Provisional Unlawful Presence Waiver?, I-601A, Provisional Waivers, Stateside Processing of I-601A Waivers, The Provisional Waiver, Unlawful Presence, Waivers, Waivers of Inadmissibility | Tagged | Leave a comment

3, 10 and Permanent Bars

Posted on April 17, 2013 by Mike Baker

Dealing with the 3, 10 and “Permanent” Bars Overview of the 3, 10 and Permanent Bars INA §212(a)(9)(B)(i)(I) provides that a noncitizen is inadmissible if he or she was unlawfully present in the United States for a period of more … Continue reading →

Posted in 10 and “Permanent” Bars, 212(d)(3) Non-immigrant Visa Waiver, 245(i), Unlawful Presence, Waivers, Waivers of Inadmissibility | Tagged , | Leave a comment