Overview
- USCIS defines unlawful presence as time in the U.S. without valid status, including unauthorized entry or overstaying an authorized period.
- Bars are triggered in three tiers: over 180 days but under one year with departure before removal leads to a 3‑year bar, over one year in a single stay leads to a 10‑year bar, and an illegal reentry after accruing over one year results in a permanent bar.
- Exceptions to counting unlawful presence include pending or approved asylum, minors under 18, certain family unification beneficiaries, qualifying abused spouses and children, and trafficking victims.
- Many individuals may seek a waiver of inadmissibility, commonly via Form I‑601, whereas those facing the permanent bar must wait at least ten years after departing the U.S. before applying to remove inadmissibility.
- Outlets are restating existing USCIS guidance rather than a policy change, and they urge affected individuals to obtain legal advice due to fact‑specific determinations.