Please file this posting under: a little self-promotion never hurt anyone.
The firm is proud to announce that Chris Gafner has co-authored an article examining “unlawful presence” that was published today in Bender’s Immigration Bulletin. “Unlawful presence” is a rather annoying term that has vexed immigration attorneys since its inception in 1996. If a person is unlawfully present within the United States for an extended period of time, that person faces the possibility of being barred from reentering the United States for either 3 or 10 years. With such a harsh bite, “unlawful presence” has caused great angst – especially since it isn’t always easy for an individual to determine whether they are unlawfully present. The article examines a recently released USCIS memorandum that was meant to clarify when “unlawful presence” occurs.