Feb. 20, 2005 245(k) "180 Day Rule" Allowing Adjustment Applications
Unlawful presence in the United States can affect an applicant in many different ways.* The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) created the "3/10- year inadmissibility" bars for individuals who are unlawfully present in the United States.* The overall consequence of being "unlawfully present" are:
1.* If in the U.S., and applying for a nonimmigrant visa, prohibit an applicant from changing and/or extending status in the United States.
2.* If outside the U.S., prohibit an applicant from obtaining a visa (nonimmigrant OR immigrant) at the U.S. Consulate/Embassy.
(Boss, I can't do any research now. I am afraid the papers will not be finished before I leave...)