Understanding Inadmissibility on the Grounds of Unlawful Presence
An individual accumulates “unlawful presence” for every day they spend in the U.S. beyond their period of authorized stay or when you have entered without inspection. Put differently, an individual can easily accrue unlawful presence if they fail to renew/extend their valid status or remain in the country after their status expires. An individual will also immediately begin accumulating unlawful presence if they enter the country without being properly admitted or paroled.
When you accumulate too much unlawful presence, you will be ruled “inadmissible” and barred from entering the United States for a set amount of time. If you accrue 180 days of continuous unlawful presence, you will be subject to a 3-year bar, or 3 years of inadmissibility. Accumulating 1 year or more of continuous unlawful presence will result in a 10-year bar, or 10 years of inadmissibility. There are some notable exceptions and nuances to these rules, which are not discussed Minors will not generally be barred as a result of unlawful presence, for example. Multiple entries without inspection may make you permanently inadmissible, is another example.
Being ruled inadmissible to the United States means you cannot reenter the country or obtain immigration benefits that would allow you to remain. Because you are unlawfully present, you may be at risk of being targeted for removal proceedings. Our Lake Oswego unlawful presence attorney can assess your circumstances and determine whether you are likely to be ruled inadmissible.
If you or a loved one has been ruled inadmissible on the grounds of unlawful presence, do not wait to call the Portland office at (503) 755-5587, the Medford office at (541) 262-6677, or contact us online. We offer our legal services in English and Spanish.