per AFM CH 40.9.2, that is unless the AOS was filed defensively after receiving NTA.
These regulations were enacted as part of IIRIRA in 1996.
If I filed a defensive AOS in 1995 (prior to IIRIRA), was granted VD in 1998, and promptly left the US within the VD time, is it accurate that I did not accrue any unlawful presence as I had pending AOS during the entire time I was here?
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