In the jargon-rich world of immigration law, an important new phrase came out of amendments to the immigration law in 1996, the 3 and 10 year bars. What these bars say is that if a person accrues more than180 days of unlawful presence in the United States and departs he or she cannot return to the United States for 3 years. If the person accrues a year or more of unlawful presence, this person cannot return for 10 years. A…

In changes to the immigration laws in 1996, called The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA),  a new concept was introduced in immigration law called “unlawful presence.” The concept came into force on April 1, 1997, when the reforms came into effect – or so we thought. We thought unlawful presence before April 1, 1997, would not have immigration consequences. For the immigration agencies to figure out what it meant – Congress did not define it…

Instead of a written post today, I made a movie — a dramatization of a conversation I must have at least five times a week. I hope it is informative. A disappointing immigration consultation

A few times I have written about what appeared to me to be an Immigration and Customs Enforcement policy of taking aliens out of the United States without the aliens availing themselves of their right to see an immigration judge by providing false information about the consequences staying and fighting a case as opposed to leaving. I learned of this through speaking to many aliens and family members of aliens who experienced this. This modus operandi was confirmed by a…