Unlawful Presence Hypotheticals

(1) Client enters U.S. as a B-2 on September 1, 1999 valid for
    six months.  On November 1, 1999, she begins employment
    without obtaining permission from the INS.

       (1A) What if client departs the U.S. on December 31, 1999
           and returns as a B-2 on March 1, 2000?

       (1B) What if client departs the U.S. on December 31, 1999
           after being found removable by an Immigration Judge
           and has been given voluntary departure until March 1,
           2000 and returns without inspection on January 1,
           2000 after attending an all-night Millennium party
           in Mexico? Is she subject to the permanent bar of
           inadmissibility?

(2) Same scenario as Hypothetical #1 except that client departs
    the U.S. on October 1, 2000 after being found removable by
    an Immigration Judge.  She leaves the U.S. during her
    authorized period of voluntary departure.

(3) B-2 Canadian entered legally, but without an I-94, in 1995.
    She has overstayed and worked without authorization since
    1996.  She wants you to obtain an E-2 visa for her.

(4) H-1B visaholder applies for an extension of stay on
    September 1, 1999.  She departs the U.S. on November
    1, 1999 while the petition is pending.

       (4A) What if client in Hypothetical #4 departs the
           U.S. on January 15, 2000 while her petition for
           an extension is still pending?

       (4B) What if client’s H-1B petition is denied on
           January 15, 2000, and her employer retains you
           to appeal the denial to the Administrative Appeals
           Office?

(5) Client enters the U.S. as a B-2 in 1990, overstays and
    works without authorization.  In 1995, she submits a
    Request for Asylum to the INS and obtains an EAD.  Client
    retains you, and you obtain the approval of a labor
    certification and visa petition on her behalf.

       (5A) What is the standard for determining whether the
           Request for Asylum is bona fide?

       (5B) What if client in Hypothetical #5 applied for an
           EAD 91 days ago, and has continued working even
           though INS has failed to approve the EAD within
           the required 90 days.

(6) Your client is charged with being removable.  You contest
    the charge.  Will defending your client’s rights subject
    her to the inadmissibility bars?