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Programme guides · US EB-5 Investor Immigration

Unlawful Presence 3- and 10-Year Bars

Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director

Summary

Leaving after enough unlawful presence can trigger re-entry bans.

Short answer: accruing US unlawful presence of 180 days or one year and then departing can trigger 3- or 10-year bars. Counting and exceptions are complex — take counsel before departing if at risk.

FAQ

Stay inside and never leave?

Problems accumulate; later departure may still trigger bars.

Waivers?

Possible with qualifying relationships and hardship proof.

Student overstay?

Days after status ends need case-specific counting.

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