Unauthorized presence refers to any time spent in the U.S. in which you do not have authorization to be in the country. This can occur in cases where you stay beyond the departure date written on your I-94 card or in cases where you have not maintained your status. The number of days in which you accrue unauthorized presence is critical in determining whether or not you are subject to potential bars to returning to the U.S. after travel abroad.

• The 3-year bar: If you accrue 180 days or more of unauthorized presence, you may be subject to a three-year bar in the event you leave the U.S. and seek to return.
• The 10-year bar: If you accrue one year or more of unauthorized presence, you may be subject to a ten-year bar in the event you leave the U.S. and seek to return.