- If an alien has resided unlawfully in the U.S. for an uninterrupted period of more than 180 days but less than 1 year and then voluntarily departed, prior to the initiation of removal proceedings, he or she is inadmissible to the U.S. for a period of 3 years from the date of departure.
- If an alien resided unlawfully in the U.S. for an uninterrupted period of one year or more, then voluntarily departed or was removed from the United States, he or she is inadmissible to the U.S. for a period of 10 years from the date of departure or removal.
Unlawful presence includes any time spent in the U.S. after April 1, 1997 after the alien’s authorized stay expires, and any time spent in the U.S. after April 1, 1997, following entry without inspection or parole. Exceptions do apply. To determine if one applies to your situation, contact an immigration attorney at 626-771-1078 or visit www.myfianceevisa.com
