What Is The Difference Between Out Of Status and Accruing Unlawful Presence in US

Video Transcript

Welcome viewers to the legal segment of Sitaarre TV, this is Sweta Khandelwal an attorney specializing in u.s. immigration and nationality law and practicing right here in Santa Clara. Today I shall briefly touch upon the difference between being out of status and accruing unlawful presence in the US. These are very important concepts and it helps to know the distinction between the two. If you continue to stay in the US beyond the period that you were legally allowed to, then you are out of status. Even if you exceed your stay in the US by one day, you will be out of status. During this time you can be deported, for example, if you get into trouble with the law or the police you will be subject to deportation. If you are out of status for more than six months then you begin to accrue unlawful presence, this means that after accruing unlawful presence if you leave the United States you may be barred from returning to the United States for a certain period depending upon how long you have remained out of status. So if you accrue unlawful presence for more than six months you are barred from entering the US for three years. If you accrue unlawful presence for more than a year you are bad for 10 years. So it’s important to know when is it that the period from which the unlawful presence accrues begins to start. Next week we shall talk about our status with reference to h-1b employees who find themselves laid off from their jobs, see you next week.