What is Unlawful Presence and Bars to Admissibility?
Unlawful presence is the period of time when a foreign national is in the United States without being lawfully admitted or paroled or not in a period of stay authorized by the Secretary of Homeland Security.
With certain exceptions, a foreign national with unlawful presence may be barred from being legally admitted to the United States for:
- 3 years if the foreign national departed the U.S. after having accrued more than 180 days but less than 1 year of unlawful presence during a single stay and before removal proceedings begin;
- 10 years if the foreign national departed the U.S> after having accrued 1 year or more of unlawful presence during a single stay, regardless of whether you leave before, during, or after removal proceedings; or
- Permanently, if the foreign national reentered or attempt to reenter the U.S. without being lawfully admitted or paroled after having accrued more than 1 year of unlawful presence in the aggregate during 1 or more stays in the U.S.
Exceptions for accrual of unlawful presence for the 3-year and 10-year bars exist to asylees, minors while under the age of 18, family unity beneficiaries, battered spouses and children under the Violence Against Women Act, victims of a severe form of trafficking.
Looking for an Immigration Attorney?
With over 17+ years of experience, we are more than happy to talk to you about your immigration situation.
Learn How the Liu Law Firm May Help You
Get In Touch With Us
Submission of this form confirms your acknowledgment and understanding that no attorney-client relationship with our firm has been created.