Tagged #unlawful-presence
Every article we've published on this topic, sorted by the agency's own announcement date.
USCIS warns: Advance Parole travel now risks 3- to 10-year re-entry bars
A new BIA ruling changes the legal treatment of Advance Parole departures, exposing travelers with prior unlawful presence to serious re-entry bars for the first time in over a decade.
BIA Overturns Advance Parole Precedent, Blocking DACA Green Card Path
The Board of Immigration Appeals overruled a 14-year-old precedent, holding that advance parole travel now triggers unlawful presence bars for DACA holders seeking adjustment of status.
BIA Holds Advance Parole Travel Can Trigger Unlawful-Presence Bar
New BIA precedential decision overrules 14-year-old precedent: advance parole departure now triggers three- and ten-year unlawful-presence bars under INA 212(a)(9)(B). Practitioners must reassess travel risk for clients with prior unlawful presence.
I-601A Provisional Unlawful-Presence Waiver: Eligibility Before the Consular Interview
Who qualifies for the I-601A in-country waiver, what the 2016 and 2022 expansions changed, and how the provisional approval interacts with the consular interview.
TPS travel: advance parole, the Arrabally rule, and the stop-time risks of leaving the United States
Why TPS holders should not assume international travel is risk-free, how advance parole interacts with the unlawful-presence bars, and where the post-Matter of Z-R-Z-C- landscape stands after the 2022 USCIS policy shift.
Unlawful Presence: The 3-Year, 10-Year, and Permanent Bars Under INA §212(a)(9)(B) and (C)
Unlawful presence is the trap that turns an overstay into a decade of re-entry bars. Here's how the 3-year, 10-year, and permanent bars accrue, what tolls them, and where the waivers fit.