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UNLAWFUL PRESENCE AND THE
3/10 YEAR AND PERMANENT BARS




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Law Offices of Carl Shusterman
600 Wilshire Boulevard, Suite 1550, Los Angeles, CA 90017
(213) 623-4592 x0
Representing Clients in All 50 States
Over 100 Years of Immigration Law Experience
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Learn how to benefit from United States immigration laws and procedures from a former INS Attorney (1976-82) with over 30 years of experience.

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SUCCESS STORIES

* Circumventing the Three-Year Bar (August 2006)
* Fraud Waiver and Managing Editor (December 2004)


* Immigrant Waivers: Procedures for Adjudication of Form I-601 For Overseas Adjudication Officers (USCIS)
* Adjudicating I-212s for Aliens Inadmissible Under Section 212(a)(9)(C) or... (5-19-09)
* Consolidation of Guidance Concerning Unlawful Presence (May 6, 2009) - Supersedes Previous Memos
* USCIS Chief Counsel: 3 and 10 Year Bar Requirements May be Fulfilled in the U.S. (1-26-09)
* AAO: I-601 Waiver Victory - 10-year Bar (1-09-08)
* Duran-Gonzalez v. Homeland Security, U.S. Court of Appeals, Ninth Circuit (11-30-07)
Adjustment of status under section 245(i) is not available to an alien who is inadmissible under the permanent bar.
* In re Miguel LEMUS-Losa, BIA (11-29-07)
A alien who is unlawfully present in the U.S. for a period of 1 year, departs and then seeks admission within 10 years is inadmissible.
* In re Alonzo BRIONES, BIA (11-29-07)
Adjustment of status under section 245(i) is not available to a person who is inadmissible under the permanent bar.
* AAO: I-601 Waiver Victory - 10-year Bar (10-31-07)
* USCIS on Effect of Presence in the U.S. for Persons Paroled in Despite Being Subject to 212(a)(9)(B) Bar of Inadmissibility (7-14-06)
* In Re Honorio TORRES-GARCIA, BIA (1-26-06)
An alien who reenters the U.S. without admission after having previously been removed is inadmissible under the permanent bar.
* Guidance on “Period of Stay Authorized by the Attorney General” in Determining “Unlawful Presence (4-02-03)
- Superseded by 5-06-09 memo posted above
* INS Issues Foreign Travel Advisory For Aliens With Pending Immigration Applications (11-22-2000)
* INS Memorandum: No Unlawful Presence During Pendency of Application for COS/EOS (3-3-2000)
-Superseded by 5-06-09 memo posted above
* INS Memorandum on Section 222(g) (3-3-2000)
* INS General Counsel's List of Resolved Issues (12-10-99)
* Unlawful Presence Hypotheticals
* Answers to Unlawful Presence Hypotheticals
* DOS Cable Re: Unlawful Presence and Canadians
* INS Advises on Asylee Exception to Unlawful Presence (6-8-99)
* State Department Memo on Bars of Inadmissibility (4-4-98)
* State Department's Cable on "Unlawful Presence" (12-17-97)
* 245(i) and Three and Ten-Year Bars to Inadmissibility I (7-31-97)
* 245(i) and Three and Ten-Year Bars to Inadmissibility II (7-31-97)
* INS Memo Regarding Adjustment of Status and Entitlement Bars (6-17-97)
* How the Law Will Affect Illegal Immigrants: Entitlement Bars

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