Matter of Duarte-Gonzalez, 28 I&N Dec. 688 (BIA 2023) - Noncitizens who are inadmissible for a specified period of time pursuant to section 212(a)(9)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(B)(i), due to their previous unlawful presence...
Cyrus Mehta and Amani M. Abuhamra, May 11, 2019 "In a promising development for F, J, and M nonimmigrants battling unlawful presence policy, a federal district court in North Carolina has granted a preliminary injunction preventing USCIS from enforcing its...
Cyrus Mehta, Jan. 28, 2019 "The new USCIS Policy on Unlawful Presence for F, J and M Nonimmigrants took effect on August 9, 2018. This policy has had the effect of rendering nonimmigrants in F, J and M status, mainly students, unlawfully present upon...
Final Rule: Provisional Unlawful Presence Waiver Process - Wednesday, January 2, 2013 @ 3:00 p.m. (Eastern) "U.S. Citizenship and Immigration Services (USCIS) and the Department of State invite you to participate in a stakeholder teleconference to discuss...
USCIS, Jan. 2, 2013 - " Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents...
Joint Status Report, Velasco de Gomez v. USCIS, May 25, 2022 "USCIS intends to modify its interpretation of 8 U.S.C. § 1189(a)(9)(B) to no longer require an applicant for adjustment to spend his or her period of inadmissibility outside of the United States...
DHS has withdrawn its appeal to the Circuit Court of Appeals for the Fourth Circuit. Thus, the Feb. 6, 2020 permanent nationwide injunction is the final word. Here is Ron Klasko's Feb. 18, 2020 essay on why the decision is so important. Statement by the...
Guilford College v. USCIS, May 3, 2019 "Plaintiffs’ lawsuit relates to the U.S. Citizenship and Immigration Services’ (“USCIS”) issuance and application of the August 9, 2018 Policy Memorandum, PM-602-1060.1 , titled “Accrual of Unlawful Presence and F,...
Suzanne Monyak, Law360, Oct. 23, 2018 - "A group of higher education institutions, including Haverford College and The New School, challenged a recent Trump administration policy that could open up more international students to harsh immigration penalties...
What is Unlawful Presence? An Overview of Historic Agency Interpretation of the 3- and 10-Year Bars, and CBP's Radical Departure from Longstanding Guidance "Any discussion of unlawful presence should begin by differentiating unlawful presence from...
"The Department of Homeland Security (DHS) proposes to expand eligibility for provisional waivers of certain grounds of inadmissibility based on the accrual of unlawful presence to all aliens who are statutorily eligible for a waiver of such grounds, are seeking...
"USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily...
" This paper examines the background and consequences of the unlawful presence bars, and explores possible policy changes that would mitigate their harmful impact on noncitizens and their families." - Shoba Sivaprasad Wadhia
NBC I-601A Provisional Unlawful Presence Waiver Slides - 58 pages, from Jan. 2013 . [Hats off to AILA for obtaining these through FOIA!]
"The American Immigration Lawyers Association renews its request that CBP adopt the interpretation of unlawful presence for non-controlled aliens enunciated by USCIS." - AILA, Mar. 18, 2014 .