Unlawful Presence and Out of Status

Posted almost 2 years ago. 2 helpful votes


A person begins to accrue unlawful presence in the US if a person remains in the US after his or her I-94 card expires.

A person is out of status because they haven't maintained the terms of their status. a person can fall out of status if they stop working for the employer who sponsored them for an H-1B.

Unlawful Presence does not necessarily start to a accrue the day a person falls out of status.Those entrants who do not have a date on their I-94, but are instead admitted for the duration of status (primarily students) do not accrue unlawful presence until the USCIS rules that they have fell out of status.

There are some exceptions to unlawful presence.Consult your attorney to see if you are out of status or have accrued unlawful presence and other legal strategies.

Additional Resources

Chinese Speaking Attorney

Rate this guide

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Carl Michael Shusterman

How to Renew your Green Card

Renewing your Green Card, or Permanent Resident Card, is important. If you have an expired Green Card you may be denied re-entry into the United States. You could also be charged with a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,393 answers this week

3,211 attorneys answering