BIA Edge

Practitioner resource library

Practice Alert: USCIS & BIA Affirm Three- and Ten-Year Unlawful Presence Bars Can Run in the U.S.

This practice alert provides an overview of new USCIS policy guidance and a recent BIA case that now officially acknowledge that the three- and ten-year unlawful presence bars can run in the United States. This practice alert summarizes current policy on the three- and ten-year bars as well as covering who does (and does not) benefit from this policy.

Immigrant Legal Resource Center Practice advisory Aug 23, 2023 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on BIA Appeals; review the source material for the most current authority and procedure.

Topics

BIA appeals

Workflows

BIA, PFR, and federal court USCIS and AAO appeals

Forums

USCIS BIA

Jurisdictions

National