Antitrust Law

Asbestos Law

Civil Rights Law

Communications Law

Contract Law

Dispute Resolution

Divorce Law

Education Law

Family Law

Health Law

Immigration Law


Internet Law

Intellectual Property

Landlord Tenant Law

Law Schools

Lawsuit Funding

Lemon Law

Medical Malpractice

Other Law Fields

Personal Injury

Prepaid Legal Services

Structured Settlement

Tax Law

Workers Comp


Free Legal Advice

Online Legal Forms

Legal Answers

Legal Definitions

Advertise on LDB



Unlawful Presence

Navigation:  Home > Immigration Law > Unlawful Presence


If you are unlawfully in the United States for 180 continuous days, INS can bar you from becoming a permanent resident for three years. If you are unlawfully in the country for 365 continuous days, you can be barred for 10 years. There are several ways to get past this bar, particularly if you are a battered spouse or child and the unlawful presence was because of that, if you were under 18 while you were unlawfully present, or if you timely file an application for an extension to stay (in which case, the continuous days do not start counting until you are denied an extension).

Unlawful presence includes remaining in the country longer than allowed under a visa, entering the country without INS authorization, entering fraudulently, or violating your immigrant status.

Sponsored Ads

Find a Lawyer

Sponsored Links

Your Ad Here