Updated November 7, 2026

3-year and 10-year bars: how unlawful presence affects a US visa

Under U.S. Citizenship and Immigration Services (USCIS) rules for INA 212(a)(9)(B), accruing more than 180 days but less than 1 year of unlawful presence during a single stay and leaving before removal proceedings start triggers a 3-year bar to reentering the United States. Accruing 1 year or more of unlawful presence in a single stay and then leaving or being removed triggers a 10-year bar.

The bar is triggered only when you depart the United States, and overcoming it before the clock runs out requires an approved waiver such as Form I-601A, Form I-601, or Form I-192.

What is unlawful presence under US immigration law?

Under section 212(a)(9)(B)(ii) of the Immigration and Nationality Act (INA), USCIS defines unlawful presence as any period when you are present in the United States without being admitted or paroled, or when you stay in the United States after your period of stay authorized by the Secretary of Homeland Security expires.

If you are found inadmissible for unlawful presence under INA 212(a)(9)(B)(i) or INA 212(a)(9)(C)(i)(I), you generally cannot get a visa from the U.S. Department of State, enter the United States at a port of entry, or adjust status to a Green Card unless an exception applies or you first get a waiver or other relief.

Already had your visa interview and received a refusal slip? Check which section of law it names. Our free 221(g) Refusal Meaning and 214(b) Visa Refusal Decoder helps you read your refusal letter and CEAC status. Practice your upcoming visa interview questions out loud with Visaful before your appointment.

The three unlawful presence bars at a glance (USCIS)

When does the unlawful presence clock start and who is exempt?

When you start accruing unlawful presence depends on how you entered the United States and what your arrival record shows. According to USCIS guidance, the clock starts in one of three ways:

If you seek and are granted an extension of your immigration benefit, your Form I-94 should be updated to reflect your lawful presence. To change the purpose of your visit while in the United States, you or your employer must file a request on the appropriate form before your authorized stay expires. Do not assume the status is approved or change your activity until USCIS approves it. USCIS also notes circumstances in the Adjudicator's Field Manual (AFM) Chapter 40.9.2 where you are considered in a period of authorized stay and generally do not accrue unlawful presence.

The statute sets out five exceptions where time in the United States does not count as unlawful presence for the 3-year and 10-year bars under INA 212(a)(9)(B)(i)(I) and (II). USCIS states these statutory exceptions do not apply to the permanent bar under INA 212(a)(9)(C)(i)(I):

• Entered without admission or parole: You accrue unlawful presence starting the exact day you entered without being admitted or paroled by a DHS officer.
• Admitted with a date-certain Form I-94: Your status and expiration date are in the lower right-hand corner of Form I-94, Arrival/Departure Record. You typically start accruing unlawful presence if you stay after the date on your Form I-94.
• Admitted for duration of status (D/S): If your Form I-94 is marked D/S, you may stay for your program, course of study, or temporary work assignment, plus any authorized grace periods. You generally begin accruing unlawful presence the day after your status ends.
• Exemptions (3-year and 10-year bars only): Minors under age 18. Asylees and asylum applicants while a bona fide asylum application is pending. Family Unity beneficiaries protected under section 301 of the Immigration Act of 1990. VAWA self-petitioners (battered spouses and children) and dependents who establish a substantial connection between the battery or extreme cruelty and the violation of their nonimmigrant visa terms. Victims of severe forms of trafficking who demonstrate trafficking was at least 1 central reason for their unlawful presence.

How departure triggers the 3-year, 10-year, and permanent bars

Accruing unlawful presence inside the United States does not trigger the 3-year or 10-year bar by itself. Under INA 212(a)(9)(B)(i), the bars take effect when you leave the United States and seek admission again within the 3-year or 10-year window.

For the 3-year bar under INA 212(a)(9)(B)(i)(I), if you are not a lawful permanent resident and no exception applies, you are inadmissible if you accrued more than 180 days but less than 1 year of unlawful presence during a single stay on or after April 1, 1997, voluntarily left before DHS initiated expedited removal under INA 235(b)(1) or removal proceedings before an immigration judge under INA 240, and seek admission within 3 years of leaving. You are not inadmissible under the 3-year bar if you left after removal proceedings began but before the 1-year mark. However, you must inform the Executive Office for Immigration Review (EOIR), and failing to attend a hearing or being ordered removed while absent can trigger other inadmissibility grounds.

For the 10-year bar under INA 212(a)(9)(B)(i)(II), you are inadmissible if you accrued 1 year or more of unlawful presence during a single stay on or after April 1, 1997, left or were removed under any provision of law (before, during, or after removal proceedings), and seek admission within 10 years.

Advance Parole update: On August 13, 2026, the Board of Immigration Appeals (BIA) issued Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), overruling Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012). As of August 13, 2026, departing the United States with an Advance Parole Document (Form I-512L) counts as a departure under INA 212(a)(9)(B)(i). If you accrued more than 180 days of unlawful presence, leaving with Advance Parole can trigger the 3-year or 10-year bar upon your return.

How the clock runs: Under the USCIS Policy Manual (Volume 8, Part O, Chapter 6), the 3-year or 10-year period starts on the day of your departure or removal and runs continuously without interruption, regardless of whether or how you returned to the United States during that time. Once 3 or 10 years pass since that departure or removal, you are no longer inadmissible under INA 212(a)(9)(B) for that earlier stay, though returning during the bar can create new unlawful presence or other inadmissibility grounds.

For the permanent bar under INA 212(a)(9)(C)(i)(I), you are permanently inadmissible if you accrued an aggregate period of more than 1 year of unlawful presence across all stays combined on or after April 1, 1997, left or were removed, and entered or attempted to reenter on or after April 1, 1997, without being admitted or paroled.

Day-count worked examples: how the clock is calculated

Counting exact days is the first step in checking your record. These five worked examples are invented scenarios written by our team, using our own calculations from the USCIS unlawful presence rules.

Scenario 1: Single overstay of 175 days (under 180 days). An adult visitor's Form I-94 expires on January 1. They voluntarily leave 175 days later, on June 25, before removal proceedings begin. By our calculation from USCIS rules, 175 days is not more than 180 days, so leaving does not trigger the 3-year bar. Still, an overstay comes up at future interviews, where an officer may refuse a visa under section 214(b) for weak ties.

Scenario 2: Single overstay of 200 days (triggers 3-year bar). An adult worker's Form I-94 expires on March 1. They remain 200 days and voluntarily depart on September 17 before removal proceedings start. By our calculation from USCIS rules, 200 days is more than 180 days and less than 1 year in a single stay, triggering the 3-year bar on September 17.

Scenario 4: Two separate stays of 200 days each (single vs. aggregate). An adult accrues 200 days of unlawful presence on Trip 1, leaves (triggering a 3-year bar), waits abroad 4 years until that bar expires, and later accrues 200 days of unlawful presence on Trip 2 before leaving. For the 10-year bar, USCIS counts only a single stay, so the two 200-day stays do not combine. For the permanent bar under INA 212(a)(9)(C)(i)(I), USCIS counts the aggregate total across all stays (200 + 200 = 400 days, which is more than 1 year). Entering or attempting to reenter without admission or parole after Trip 2 triggers the permanent bar.

Scenario 5: Advance Parole departure after 400 days. An adult accrues 400 days of unlawful presence in a single stay, gets an Advance Parole Document (Form I-512L), and departs on September 1, 2026. Under Matter of Delcarmen-Lara (effective August 13, 2026), departing with Advance Parole counts as a departure under INA 212(a)(9)(B)(i), triggering the 10-year bar.

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Waivers for the 3-year, 10-year, and permanent bars (I-601A, I-601, I-192, I-212)

If you are inadmissible under the 3-year, 10-year, or permanent bar and want to return before the bar expires, USCIS lists four main forms of relief depending on the benefit you seek.

Form I-601A (Provisional Unlawful Presence Waiver): Introduced on March 4, 2013, for immediate relatives of U.S. citizens and expanded on August 29, 2016, to all statutorily eligible immigrant visa categories (immediate relatives, family-sponsored, employment-based, and Diversity Visa selectees and derivatives), Form I-601A lets you apply to waive the 3-year or 10-year bar while still inside the United States before your consular interview. An approved I-601A does not grant legal status or let you adjust status in the United States. You must still depart and attend your immigrant visa interview abroad.

Form I-601 (Application for Waiver of Grounds of Inadmissibility): If you are outside the United States, do not use Form I-601A, or have other inadmissibility grounds beyond unlawful presence (such as fraud or misrepresentation, or certain criminal grounds), you file all 11 pages of Form I-601 after a Department of State consular officer finds you inadmissible at your visa interview abroad. On October 7, 2026, USCIS updated the Form I-601 mail filing addresses, with a 30-day grace period accepting forms postmarked on or before November 9, 2026, at prior locations.

Form I-192 and Form I-212: Inadmissible nonimmigrants with appropriate documents (and T or U visa applicants) use Form I-192 to request advance permission to temporarily enter the United States. Individuals inadmissible under INA 212(a)(9)(A) or the permanent bar under INA 212(a)(9)(C) use Form I-212 to ask for consent to reapply for admission. For the permanent bar under INA 212(a)(9)(C)(i)(I), you may file Form I-212 only from outside the United States after waiting physically abroad for at least 10 years since your last departure.

Comparing unlawful presence waiver and relief forms (USCIS)

Checklist: how to file Form I-601A before leaving the US

Based on the USCIS Form I-601A instructions and eligibility rules (edition date 01/20/25), follow this checklist before leaving the United States:

If USCIS denies Form I-601A, there is no appeal or motion to reopen, though you may file a new I-601A while your DOS case is pending or depart and file Form I-601 after your consular interview. An approved I-601A is automatically revoked if DOS ends your visa case, USCIS revokes your petition, the consular officer finds any other inadmissibility ground, or you reenter or attempt to reenter without admission or parole.

• Confirm basic eligibility: Be physically present in the United States to file and give biometrics, be at least 17 years old, and be inadmissible only for unlawful presence under INA 212(a)(9)(B)(i)(I) or (II).
• Prove extreme hardship to a qualifying relative: Show that refusing your admission will cause extreme hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or parent, and include proof of their status and relationship.
• Attach your PAID DOS fee receipt: Include your DOS Immigrant Visa (IV) fee receipt showing a status of PAID (not a bill invoice, Affidavit of Support receipt, or In Process receipt), or a printout from dvprogram.state.gov for Diversity Visa selectees and derivatives.
• Check removal proceedings and final orders: If you are in removal proceedings, your case must be administratively closed and not re-calendared, and you must attach the closure order. If you have a final removal, exclusion, or deportation order (including an in absentia order under INA 240(b)(5)), you must already have an approved Form I-212 and write its receipt number in Part 1, Item 29.b.
• Complete required fields on the 01/20/25 edition: Sign the form, complete Part 1 (A-Number if any, Family Name, U.S. Physical Address, Date of Birth, Country of Birth) and Part 3 (basis for immigrating, I-130/I-140/I-360 receipt number or DV case number, and NVC case number), and do not bundle I-601A with other forms.
• Mail to the Chicago Lockbox and attend biometrics: Send USPS mail to USCIS, Attn: I-601A, P.O. Box 4599, Chicago, IL 60680-4599 (or courier deliveries to 131 S. Dearborn, 3rd Floor, Chicago, IL 60603-5517), then attend your Application Support Center (ASC) biometrics appointment.
• Resolve closed proceedings after approval: Before departing for your embassy interview, contact ICE's Office of the Principal Legal Advisor with your I-601A approval notice to resolve any administratively closed removal proceedings.

What the consular officer may ask at your interview after a past overstay

At your visa interview, the consular officer will verify your exact travel and status history. If the officer needs extra time to verify records or review a waiver, your case may be placed in 221(g) administrative processing. Prepare for these four questions by having your dates and records ready:

• "When did you enter the United States, when did your authorized stay expire, and when did you leave?" Checks whether your unlawful presence lasted more than 180 days or 1 year in a single stay and matches your DS-160 or DS-260. Bring prior Form I-94 records, passport stamps, boarding passes, and extension notices.
• "Have you ever entered or attempted to enter without being admitted or paroled, or traveled on Advance Parole?" Checks whether an uninspected entry started unlawful presence on day one, whether multiple stays trigger the permanent bar under INA 212(a)(9)(C)(i)(I), or whether an Advance Parole departure on or after August 13, 2026, triggered a bar under Matter of Delcarmen-Lara. Know every entry and exit and never hide a stay.
• "Do you have any other grounds of inadmissibility besides unlawful presence?" Checks whether an approved Form I-601A remains valid, since any other inadmissibility ground (such as misrepresentation or a criminal ground) automatically revokes it. Bring required certified court and police records.
• "Were you ever in removal proceedings or ordered removed?" Checks whether you left before or after proceedings began, whether an in absentia order exists, and whether you hold an approved Form I-212. Bring EOIR court orders and your Form I-212 approval notice (Form I-797) if applicable.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, U.S. Customs and Border Protection (CBP) or any government agency.