Help Desk:
I entered US with a B-2 visiting visa about
3 years ago, and stayed in US thereafter.
I heard that I can not travel outside US,
and there is a 3-year bar on reentry to
the US. It it true? and how to measure
the unlawful
presence?
Answer:
With respect to travel, persons who have been
unlawfully present in the U.S. for more than 180 days are barred from
reentering the country for three years following departure. This increases
to a ten-year bar for individuals who are unlawfully present for over a
year.
Unlawful
presence is measured from the time when either the I-94 expires or there is a
finding that one is out of status. Thus, without a valid I-94 for over 180
days, there is a three- or ten-year bar to one's reentering the U.S., if s/he
travels abroad. Reinstating the status without backdating the I-94, therefore,
does not solve all problems in this situation.
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