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Nora Wright

Posted about 7 hours ago

User
What is unlawful presence, and how does it affect someone who is seeking to adjust status in the United States?
1 Response
F

Farouk Elhadi

Answered about 7 hours ago

User

Unlawful presence refers to time spent in the United States without legal authorization after a person’s permitted stay has expired or after entering the country without inspection. Accumulating more than 180 days of unlawful presence and then leaving the United States can trigger a three-year reentry bar, while more than one year can trigger a ten-year bar. However, certain adjustment of status applicants, such as immediate relatives of U.S. citizens, may still be eligible to apply for permanent residence despite prior unlawful presence if they entered the country legally.

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