Unlawfully Present

How does it happen?

• Staying beyond end of date-specific I-94
• If I-94 is date-specific, unlawful presence days can also begin if and when the Department of Homeland Security (DHS) judge or adjudicator declares person in violation of status
• If I-94 valid for D/S, unlawful presence begins only if and when immigration judge or adjudicator declares person in violation of status
• Note: A person with date-specific I-94, who files a non-frivolous application for extension or change of status will not accumulate days of unlawful presence for 120 days after I-94 expiration, as long as the application is pending (known as "tolling")

What are the penalties?

• After 180 days of unlawful presence, person may not be readmitted to the U.S. for three years
• After one year of unlawful presence, person may not be readmitted to U.S. for 10 years
• [Note: No days before April 1, 1997 will be counted.]

[Days are generally not cumulative. Days are counted separately for each visit. Days before age 18 are not counted.]