29 South Webster Street, Suite 370 Naperville,
IL 60540

Our Naperville immigration and nationality law attorney at Kasturi Law, LLC, explains to our clients that “Unlawful Presence” refers to the period when a foreign national is physically present in the U.S. without authorization after the expiration of their authorized period of stay or after violating the terms of their admission.

The impact of unlawful presence on the immigration process in the United States can be significant and have severe consequences.

Here, we discuss how unlawful presence impacts the immigration process.

Unlawful Presence Mean and How Does it Impact the Immigration

Unlawful Presence May Bar Re-Entry for an Extended Period

Individuals who accrue more than 180 days but less than one year of unlawful presence and then depart the United States may be subject to a three-year bar on re-entering the country. Those who accrue one year or more of unlawful presence and then depart may face a ten-year bar on re-entry.

Unlawful Presence May Make You Ineligible for Adjustment of Status

Unlawful presence can render individuals ineligible to apply for adjustment of status (Green Card) while remaining in the United States. Even if eligible for a Green Card through a family member or employer, individuals with unlawful presence may be required to consular process their applications outside the United States, which could trigger the re-entry bars mentioned above.

Unlawful Presence May Limit Your Options for Relief

Individuals who accrue unlawful presence and are encountered by immigration authorities may be placed in removal proceedings that could lead to deportation or removal from the United States.

In these cases, they may have limited options for seeking relief from removal or deportation, making them ineligible for cancellation of removal or other forms of relief.

Contact Our Immigration Attorney Today For Consultation

If you or someone you love believes they may have accrued unlawful presence or is facing immigration issues related to unlawful presence, contact us today to learn how our Illinois immigration attorney can assist you. We provide in-office, phone, and Zoom consultations to help you understand your legal rights and options based on your specific circumstances.