USCIS Consolidated Guidance On Unlawful Presence

May 06, 2009 Download pdf

USCIS memo “Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I),” Neufeld, D.; Scialabba, L.; Chang, P. [May 6, 2009]

In a May 6, 2009 memorandum, USCIS communicated to field offices a revised Adjudicator's Field Manual (AFM) Chapter 40.9, that consolidates USCIS guidance to adjudicators on how they should interpret and apply the unlawful presence provisions of INA § 212(a)(9)(B) and (C).

Given the consolidation, the memo also rescinds prior memoranda concerning this topic, as follows: