Dealing with the 3, 10, and “Permanent” Bars

  • 2:00 PM - 3:30 PM
  • Eastern Time (US & Canada)
  • By: AILA
  • This event takes place online.
  • Source: Immigration Advocates Network > IAN Nonprofit Resource Center
  • Immigration

Every application for a legal permanent residence or an immigrant visa requires in-depth knowledge and understanding of the inadmissibility bars under sections 212(a)(9)(B) and 212(a)(9)(C). As attorneys, we need to know the consequences of our client's unlawful presence and various departures and re-entries to the United States before applying for legal permanent residence in the United States or sending our clients abroad for an immigrant visa interview. This panel will provide an overview of the various bars, discuss the impact of various agency memoranda on this issue in the absence of regulations, dissect when each of the bars is triggered, and analyze whether time spent in the United States can count towards the satisfaction of the bars.
Topics Include:
- Overview of the 3, 10, and "Permanent" Bars
- Legacy INS and USCIS Guidance on Unlawful Presence
- How Each of the Bars Can Be Triggered
- Effect of Recent 9th Circuit Decision (Carrillo de Palacios)
- Does 245(i) Help?
- Can Time Spent in the U.S. Count Towards Satisfying the Bars?
- How Permanent is the "Permanent" Bar?

- Paul W. Virtue (dl), Washington, DC
Paul W. Virtue is a partner with Baker & McKenzie in Washington, DC. Prior to his law firm service, Mr. Virtue served as executive associate commissioner and general counsel of the US Immigration and Naturalization Service (INS). As general counsel, Mr. Virtue provided legal and policy advice to the INS Commissioner and senior officials. With over 27 years of experience, he has been recognized as a leading lawyer by Chambers USA, Chambers Global and Legal 500.
- Michael H. Davis, Minneapolis, MN
Michael H. Davis is the managing partner at Davis & Goldfarb, PLLC. He has practiced immigration law exclusively since 1987, with a particular focus representing clients in complex visa matters at U.S. consulates worldwide, including applications for waivers of inadmissibility for criminal conduct, fraud, and unlawful presence. Michael is Past Chair of AILA's Minnesota-Dakota Chapter; is incoming Acting Chair of AILA's USCIS International Operations Liaison Committee; and is co-editor of AILA's "The Consular Practice Handbook."
- Kelli Jo Stump, Oklahoma City, OK
Kelli J. Stump currently practices at Stump & Associates. Her practice is focused on complex deportation, federal litigation, family- and employment-based immigrant petitions, and hardship waivers. As a member of AILA, Ms. Stump currently serves as Secretary for the Texas/Oklahoma/New Mexico Chapter and serves on the AILA National ICE Committee and Membership Committee. She has served two terms as the Oklahoma ICE liaison for the Texas chapter and is currently serving as the chapter's Oklahoma section coordinator.
(dl) = discussion leader

Cost and Registration:
The cost is AILA Members, $129 and Non-AILA Members, $199. You can register securely online using a Visa, MasterCard, American Express or Discover card. Please note that if you use the online registration, you do not need to download the registration form and send it in. You can also download and complete the registration form. Please fax the completed form with payment information to the AILA National Office at 202-783-7853. Registration fee includes toll-free number for callers in the U.S. Callers outside the U.S. should contact for information about how to connect to the call and additional direct dial charges that apply. Registration is limited to one participant per connection for the event. Please do not share call-in information with other users, as you will be billed for each connection associated with your name. The deadline to register is Wednesday, February 22, at 11:59 pm eastern time. No refunds will be given after the session has started. Registrants will receive confirmation of their participation via email the day before the session starts. No additional notices will be provided.

Technological Requirements:
This is a special Web Seminar. Prior to the date of the online meeting, you should test your browser to make sure it is compatible for the web seminar. Please visit the web meeting host site and click on the "Browser Test" link on the left hand side. If your browser fails the test, please be sure to follow the on-line instructions to install the proper software. This will not harm your computer.

Tuition Assistance Program:
Full and partial tuition assistance will be offered for all AILA National CLE programming based on need and availability. Eligible applicants include, but are not limited to, attorneys in non-profit or legal service organizations, attorneys seeking to devote their skills to public service, law students, and unemployed attorneys. Preference will be given to AILA members and applicants who have not received a prior award. Please complete the Tuition Assistance Application for consideration. No phone calls, please.

  • CLE Credit Comments: AILA audio and web seminars are either pre-approved or are approvable for MCLE credit in most jurisdictions that permit credit for live, interactive audio and web seminars. Please check AILA's CLE Center to learn the accreditation status for your state. If you have any questions relating to CLE credit, please contact the Education Department at