Unlawful Presence

Time spent in the United States after the expiration of authorized stay or after a finding of status violation by USCIS or an immigration judge. For F-1 students admitted for "Duration of Status" (D/S), unlawful presence begins after USCIS formally determines a violation or after the student fails to depart within the 60-day grace period. Accruing 180+ days of unlawful presence triggers a 3-year bar on reentry; 365+ days triggers a 10-year bar under INA § 212(a)(9)(B).