unlawful presence

Deportation & Humanitarian Immigration Immigration

Departing the United States with a Pending Provisional Waiver

The provisional waiver also known as the stateside waiver is a waiver authorized by law to waive the 3- or 10-year bar from seeking an immigration benefit resulting from a noncitizen living in the United States without status for a…

Khadija DerrickApril 13, 2022

Deportation & Humanitarian Immigration Immigration

Consequences of a noncitizen falling out of legal immigration status and accumulating unlawful presence in the United States

Under immigration law there two legal concepts that could potentially bar a noncitizen of the United States in seeking an immigration benefit. Legal or lawful immigration status relates to the concept of a noncitizen being present in the United States…

Khadija DerrickMarch 14, 2022

Deportation & Humanitarian Immigration Immigration

Differences Between Unlawful Presence and Unlawful Status

These are two immigration concepts addressing the physical presence of a noncitizen in the United States.

Khadija DerrickMarch 10, 2022

Deportation & Humanitarian Immigration Immigration

Stop Deportation by Applying for a Green Card-Consular Processing

The goal in preventing deportation/removal is not to avoid departure from the United States, but to facilitate the green card under the difficult circumstances presented by a deportation court case.

Khadija DerrickFebruary 7, 2022

Immigration News

Supreme Court Ruling on TPS: Lawful Admission Needed to Obtain Green Card

The US Supreme Court ruling of June 7, 2021, held that TPS holders must have a lawful admission in order to become Lawful Permanent Residents (LPR).

Khadija DerrickJune 8, 2021

Immigration

Can I Change Status After My I-94 Expired?

If you file your change of status petition after your I-94 expired, you will have to show that it was due to extraordinary circumstances beyond your control.

Khadija DerrickJune 1, 2021

Family Immigration Immigration Visa Waivers

Potential options for noncitizens subject to permanent bar based on unlawful presence.

So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…

Jenny ZhanFebruary 18, 2021

Immigration

My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS?

I am outside the U.S. and planning to enter. For how long must my passport be valid? In general, for admission to the U.S., the nonimmigrant must present a passport that is valid until at least 6 months beyond the…

Jenny ZhanJanuary 21, 2021

Deportation & Humanitarian Immigration Immigration

Potential options for noncitizens subject to permanent bar based on unlawful presence.

Jenny ZhanSeptember 22, 2020

Family Immigration Immigration

Dealing with the unlawful presence bars when applying for a green card through the adjustment of status process.

I am from Peru and live in the United States with status under Deferred Action for Childhood Arrivals, (DACA) which I obtained 8 years ago when I was 20 years old. I married a United States citizen last year and…

Jenny ZhanSeptember 1, 2020

Immigration

I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence?

If you are in the U.S. on a non-immigrant visa and you filed a change of status (“COS”) or an extension of status (“EOS”) petition, you may be wondering if you can stay in the U.S. while the petition is…

Jenny ZhanMay 26, 2020

Immigration Immigration Law Changes & New Law

Permanent Injunction on Unlawful Presence Rule for Students and Exchange Visitors

On February 6, 2020, a federal district judge has issued a permanent injunction to prevent USCIS from implementing the May 2018 Unlawful Presence Rule for students and exchange visitors. On May 18, 2018, USCIS issued a memorandum announcing that it…

Jenny ZhanFebruary 19, 2020

Immigration Immigration Law Changes & New Law Visa Waivers

Preliminary Injunction Issued on August 2018 Unlawful Presence Memorandum for F, J, and M Visa Holders

On May 18, 2018, USCIS issued a memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status. For the information on the…

Jenny ZhanMay 7, 2019

Deportation & Humanitarian Immigration Immigration Immigration Law Changes & New Law

USCIS Issues Revised Guidance on Unlawful Presence for F, J, and M Nonimmigrants

On May 18, 2018, USCIS issued a policy memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status. To learn more about…

Jenny ZhanAugust 10, 2018

Immigration

Changes in Unlawful Presence Rules for Students and Exchange Visitors

In a policy memorandum issued on May 18, 2018, USCIS has announced that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status. Unlawful presence…

Jenny ZhanJune 5, 2018

Immigration

What is the Diversity Lottery? When does the Diversity Lottery open? Can I apply for the Diversity Lottery if I am in the U.S. without status?

The Diversity Lottery is a program that provides green cards for people from countries with historically low rates of immigration through a lottery system. 50,000 green cards will be awarded for Fiscal Year 2018 (which begins on October 2017), and…

IanScottSeptember 16, 2016

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Departing the United States with a Pending Provisional Waiver

Consequences of a noncitizen falling out of legal immigration status and accumulating unlawful presence in the United States

Differences Between Unlawful Presence and Unlawful Status

Stop Deportation by Applying for a Green Card-Consular Processing

Supreme Court Ruling on TPS: Lawful Admission Needed to Obtain Green Card

Can I Change Status After My I-94 Expired?

Potential options for noncitizens subject to permanent bar based on unlawful presence.

My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS?

Potential options for noncitizens subject to permanent bar based on unlawful presence.

Dealing with the unlawful presence bars when applying for a green card through the adjustment of status process.

I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence?

Permanent Injunction on Unlawful Presence Rule for Students and Exchange Visitors

Preliminary Injunction Issued on August 2018 Unlawful Presence Memorandum for F, J, and M Visa Holders

USCIS Issues Revised Guidance on Unlawful Presence for F, J, and M Nonimmigrants

Changes in Unlawful Presence Rules for Students and Exchange Visitors

What is the Diversity Lottery? When does the Diversity Lottery open? Can I apply for the Diversity Lottery if I am in the U.S. without status?

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