During the pendency of the adjustment application unlawful presence is not accrued
New York, NY |
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?
I entered on a 6 month B visa in 1993. When I received the NTA in 1995 I was out of status (overstay).