Frequently Asked Questions - Unlawful Presence

This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence?
Unlawful Presence for Minors

Watch the Video on this FAQ: Unlawful presence for minors

Video Transcript

For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...


H-1B or Other Status Denied - What is my Status?
Status and Unlawful Presence Questions in the Form DS-160