Immigration law, as immigration lawyers (and their clients) say often, is quite complex. There are a lot of hoops people have to jump though to get a benefit. Forms on top of forms asking the same things over and over. Fees on top of fees. Petitions, applications, security checks, medical exams, interviews, investigations, verifications. With all the stuff that is deemed necessary, the Department of Homeland Security and the Department of State should, one would think, want to eliminate pointless…

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…