In re Rodarte-Roman

1 Citing brief

  1. Martin R Aranas et al v. Janet Napolitano et al

    OPPOSITION to Motion for Reconsideration

    Filed July 29, 2013

    Section 1182(a)(9)(B)(i) potentially5 renders inadmissible for either three or ten years certain aliens who have accrued more than 180 days of “unlawful presence” in the United States and subsequently depart from the United States. See 8 U.S.C. § 1182(a)(9)(B)(i); see In re Rodarte-Roman, 23 I. & N. Dec. 905, 906 (B.I.A. 2006) (bar on re-entry is not triggered until alien departs). The filing of an I-130 has no effect on the accrual of unlawful presence; instead, it is the existence of a pending I-485 adjustment of status application that halts the accrual of unlawful presence.