Typically, you start accruing unlawful presence if you remain in the United States after the date noted on your Form I-94. In general, if you were admitted or paroled into the United States by an immigration officer, you were issued or received a Form I‑94, Arrival/Departure Record, which shows a specific date when you are required to leave. If you are in the United States without having been admitted to or paroled into the country by an immigration officer, then you started accruing unlawful presence on the day you entered the country without admission or parole.
If you need help or legal advice on immigration matters, make sure the person helping you is authorized to give legal advice.
You can find these inadmissibility grounds in the Immigration and Nationality Act (INA) section 212(a)(9)(B)(i)(I) and (II) (the three-year and 10-year unlawful presence grounds of inadmissibility) and INA 212(a)(9)(C)(i)(I) (the permanent unlawful presence ground of inadmissibility).ĭetermining if you are inadmissible after accruing unlawful presence can be complex.
Permanently, if you reenter or try to reenter the United States without being admitted or paroled after having accrued more than one year of unlawful presence in the aggregate during one or more stays in the United States.If you again seek admission within 10 years of departing or being removed from the United States, after having accrued one year or more of unlawful presence during a single stay, regardless of whether you leave before, during, or after removal proceedings or.If you again seek admission within three years of departing the United States, after having accrued more than 180 days but less than one year of unlawful presence during a single stay and before removal proceedings begin.Unlawful presence is the period of time when you are in the United States without being admitted or paroled or when you are not in a “period of stay authorized by the Secretary.” You will be found inadmissible (unless an exception applies):
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