Immigration law affects everyone who is in the United States who is not a citizen. One of the components of immigration law that’s critically important for these individuals to understand is unlawful presence. This refers to any period of time that a person is in the U.S. without a valid immigration status.
Unlawful presence isn’t something that affects only people who came into the U.S. without proper authorization. Instead, it also includes people who have overstayed their authorized stay. The clock for unlawful presence begins when authorization expires, or at the time the person crosses into the country without authorization.
What is the impact of unlawful presence?
Time spent in the U.S. without having proper authorization can have a negative impact on eligibility for immigration benefits, as well as on the possibility of entering into the country again. One factor that impacts the exact effects is how long the person has been in the country without authorization.
Unlawful presence is counted in days. If someone has been in the country unlawfully from 180 days up to a year, they can face a three-year ban on returning to the U.S. If the unlawful presence is more than one year, the ban on returning to the U.S. is extended to 10 years.
There are times when unlawful presence may not apply, even if the person isn’t in the country lawfully. Anyone who’s facing this type of situation should ensure they understand their options so they can determine their chosen course of action. With the complexities of immigration laws, it may be beneficial to work with someone familiar with these matters.