Unlawful presence is the presence in the U.S. after the expiration of the period of stay authorized by an Immigration Inspector/Customs Officer, or any presence without being inspected by an Officer and admitted or paroled. The authorized period of stay is normally either noted on the I-94 or the stamp in your passport.

Persons who remain in the U.S. beyond their authorized stay are not able to extend their stay in the US or change their status to another non-immigrant status. In most cases they are also barred from adjusting their status from that of a non-immigrant to that of an immigrant.

Persons who remain in the U.S. beyond their authorized stay for more than 180 days, and then leave the US, are barred from reentering the U.S. for three years from their date of departure.

Persons who remain in the U.S. beyond their authorized stay for more than one year, are barred from reentering the US for ten years from their date of departure.

Persons who commit fraud or material misrepresentation are barred from the U.S. permanently.