Free tool · Immigration Law
Unlawful Presence: 3-Year and 10-Year Bar Calculator
A person who stays in the United States without authorisation accrues ‘unlawful presence’. If they accrue more than 180 days but less than a year and then leave voluntarily before removal proceedings begin, they are barred from coming back for three years. If they accrue a year or more and then leave, the bar is ten years. A person who accrues more than a year, and then enters or tries to enter again without being admitted, faces a permanent bar. The bars can sometimes be waived for people who have a US citizen or permanent resident spouse or parent who would suffer extreme hardship. This is an educational illustration of the rules, with invented facts. Immigration law is technical and changes often, so anyone with a real situation should consult a licensed immigration lawyer or an accredited representative before acting.
Tool · Unlawful Presence Bar Calculator
A ten-year bar probably applies, with a possible waiver.
Unlawful presence: 400 days of unlawful presence. A bar needs more than 180 days (a three-year bar) or a year or more (a ten-year bar).
Ten-year bar: One year or more of unlawful presence, followed by departure, bars admission for ten years from the date of departure.
Waiver: A waiver is available if the person shows that refusing admission would cause extreme hardship to a US citizen or lawful permanent resident spouse or parent (children do not count). An immediate relative of a US citizen may be able to apply for a provisional waiver (Form I-601A) before departing, to reduce the time spent abroad. A waiver is discretionary, and approval is not assured.
- The bars are triggered by departure, not by the accrual of unlawful presence. A person who has accrued unlawful presence and has not left has not yet triggered either bar, and leaving can be what triggers it, which is why many people cannot safely leave to ‘fix’ their status without first getting a provisional waiver.
- The bars are counted by days of unlawful presence, not by the date when a visa expired: time spent in an authorised stay (including some pending applications) does not count, and the periods can be hard to work out. A lawyer should check the record.
- The rules, the waivers and the processing have been changed repeatedly by statute, regulation and policy. Check the current law.
Shows whether a period of unlawful presence in the United States, followed by departure, triggers the three-year, ten-year or permanent bar to returning, and whether a waiver may be available. Immigration law is technical and changes often, with severe consequences: this is a teaching aid with invented facts, never a basis for a decision about a real case, and not legal advice. Anyone with an immigration problem should consult a licensed immigration lawyer or an accredited representative. Runs in your browser; nothing is stored or sent.
How to use it
- Enter the days of unlawful presence and whether the person has left or will leave.
- Say whether removal proceedings had begun, and whether there was a later entry without inspection.
- Say whether a qualifying US citizen or permanent resident spouse or parent would suffer extreme hardship.
- Read which bar applies, if any, and whether a waiver may be possible.
Common questions
When does unlawful presence start to count?
Unlawful presence accrues after the authorised stay ends, or from entry without inspection, and does not accrue for children under 18, bona fide asylum applicants, people with TPS or in a period of authorised stay, among other exceptions.
Is leaving the United States dangerous for a person who has overstayed?
It can be, because the bars are triggered by departure. A person in that position should talk to an immigration lawyer before leaving, because a provisional waiver may be available for some immediate relatives.
Who counts as a qualifying relative for the waiver?
A US citizen or lawful permanent resident spouse or parent. Children do not count for this waiver.
Learn the law behind the tool
This tool is part of our Immigration Law course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Immigration Law: Inadmissibility and Deportability.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.