This document summarizes key issues related to the unlawful presence bars under INA sections 212(a)(9)(B) and 212(a)(9)(C). It discusses a recent Ninth Circuit decision that impacted the accrual of unlawful presence pre-IIRIRA. It also examines whether Section 245(i) can help those with unlawful presence to adjust status in the U.S. without having to depart. Finally, it analyzes three scenarios to determine if time spent in the U.S. can count towards satisfying the 3-year or 10-year unlawful presence bars.