New! H2O now has access to new and up-to-date cases via CourtListener and the Caselaw Access Project. Click here for more info.

Main Content

Casebook Read Credits
IMMIGRATION LAW
Resource 6 . 2 . 1

USCIS Adjudicator's Field Manual, Chapter 40

Hemanth C. Gundavaram

See 40.9.2(a)(2), which discusses the difference between "unlawful status" and "unlawful presence." That section also discusses and gives examples of tolling of unlawful presence based on a pending immigration application.

See also 40.9.2(b)(3)(A), which specifically discusses tolling of adjustment of status applications, describes tolling of applications for beyond the statutory period of 120 days, and gives an example of a petitioner receiving tolling even while filing an adjustment of status application during a period of unlawful presence.

See also 40.9.2(a)(4)(A) (Pg. 61), which discusses and explains the single stay rule.

USCIS Adjudicator's Field Manual, Chapter 40

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.