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If an affirmative asylum application is referred to an immigration judge, is the exception voided? Does unlawful presence time begin accruing?

April 26, 2017affirmative application Asylum exception Immigration judge presence referred unlawful voided

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If an affirmative asylum application is referred to an immigration judge, is the exception voided? Does unlawful presence time begin accruing?

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A. Presumably not. If the asylum application is bona fide, it should not matter that it has been referred to an immigration judge. The INS’s statement that the exception applies even during administrative or judicial review supports this position.