Is everyone who has accrued more than 180 days of unlawful p
USINFO | 2013-10-30 13:18

 
Is everyone who has accrued more than 180 days of unlawful presence subject to a three- or 10-year bar from entering the U.S.?

A.Yes; however, some aliens do not accrue unlawful presence if they fall into certain categories.  For example, children under the age of 18 do not accrue unlawful presence for any period of time before their 18th birthday.  Similarly, under current law, certain victims of crime and aliens with pending asylum applications do not accrue unlawful presence while their application is pending.
 
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