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  • Unlawful Presence

    Hi Seniors/guyz in this forum...

    Iam totally confused with the time period for the 3 yr bar to be applied...

    1. I spoke to my attorney - he said that there was a rule before with 240 days time period, and now the rule has changed stating that there is no such time until your case is pending and once the case is adjudicated then your status will be unlawful (incase if it gets denied)

    2. some say that it's actually 240 days for you to stay in US to wait for your pending case but the actual 3 yr bar starts after 180 days from the day of I94 expiry

    3. USCIS new memo says that if we stay more than 180 days then the 3yr bar would be applied

    sub clause of point 3 is - unlawful presence starts from the next day of I94 expiry or from the next day of the adjudication of the case (if it gets denied)...whichever comes first....

    So guyz if you have any clear idea about this, could you please let me know...Iam totally confused about this rule, as there are several rules in several places..

    your help would be greatly appreciated, Thanks

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