In Carrillo de Palacios, the Ninth circuit held that any unlawful presence period before 4/1/1997 can be used to trigger the permanent bar even if the illegal or attempted illegal re-entry happened only months after 4/1/97. The case is currently on appeal because it allows for a new law to be applied retroactively to unlawful presence before the new law (IIRIRA) took effect in 4/1/1997 when the permanent bar and the unlawful presence bars (3 & 10 year bars) were created. The applicant in this case had 245(i) adjustment eligibility if not for the permanent bar and was denied her opportunity to apply for a green card.
Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit www.humanrightsattorney.com
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