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 chapter (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:

rescinded unlawful presence meos