Unlawful presence under U.S. immigration law is defined as the period of time that a person is in the United States without being admitted or paroled, and are not in a “period of stay authorized by the Secretary [of Homeland Security].” A person accrues unlawful presence if they are in the United States without being ...

How many days is an unlawful presence?

When does unlawful presence cause inadmissibility. The three-year bar states that a noncitizen is inadmissible for three years if he or she was unlawfully present in the United States for a period of more than 180 days but less than 1 year. The 180 days of unlawful presence must be during one continuous period.

How is unlawful presence determined?

According to section 212(a)(9)(B)(ii) of the INA, you accrue unlawful presence if: You are present in the United States without being admitted or paroled; or. You have remained in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security (the Secretary).