Legal Question in Immigration Law in California

unlawful presence immigration court

i have a master hearing due in 25 days. currently, it is my 165th day of unlawful presence. If I attend the hearing, it will be over 180 days of unlawful presence. does unlawful presence resume while my case is being reviewed by the immigration judge? I worry about the 366th day unlawful presence, which would cause a permanent bar.


Asked on 5/25/09, 8:32 pm

4 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: unlawful presence immigration court

The permanent bar may not apply to you, but the 10 year bar would, but only if you depart the U.S. You should be represented by counsel if you're in removal proceedings.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 5/27/09, 2:46 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: unlawful presence immigration court

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 6/11/09, 2:10 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: unlawful presence immigration court

Dear Inquirer:

Unlawful presence continues to accrue while you are in immigration court, unless you are renewing certain applications, like asylum. Once you have been unlawfully present for more than one year, you would be barred from return for 10 years, not permanently.

I recommend that you email us at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/26/09, 2:24 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: unlawful presence immigration court

Unfortunately, unlawful presence continues to accrue while your case is being reviewed. However, there are certain circumstances (example: time present under 18 years old) that may not constitute unlawful presence. Additionally, there are certain factors that warrant a 3-year, 10-year or permanent bar. I would need to know more specific facts about your case and why you were issued a notice to appear.

To discuss your specific case further, kindly email me directly at [email protected].

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 5/26/09, 2:25 pm


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