International Student and Scholar Services | Unauthorized Presence
This term refers to any time spent in the United States in which you do not have authorization to be in the country. This can occur in cases where you stay beyond the departure date written on your I-94 card or in cases where you have not maintained your status. The number of days in which you accrue unauthorized presence is critical in determining whether or not you are subject to potential bars to returning to the United States after travel abroad.
The 3-year Bar
If you accrue 180 days or more of unauthorized presence, you may be subject to a 3-year bar in the event you leave the United States and seek to return.
The 10-year Bar
If you accrue one year or more of unauthorized presence, you may be subject to a 10-year bar in the event you leave the United States and seek to return.