Unlawful Entry

Unlawful presence, on the other hand, generally refers to remaining in the United States after the expiration of an authorized period of stay, as indicated on Form I-94 or I-94W. While both carry serious immigration consequences, they are distinct legal concepts. For example, violating the terms of a visa—such as an F-1 student working without proper authorization—may not be considered unlawful presence, but it can still trigger other immigration penalties.

Accruing unlawful presence can result in severe consequences, including three-year or ten-year reentry bars, depending on how long the individual remained without authorization. In some cases, these bars may only be overcome through a waiver.

At Pardalis & Nohavicka, our immigration attorneys have extensive experience advising clients on unlawful entry and unlawful presence issues. We work to identify all available forms of relief, including waivers, adjustment of status strategies, or other legal defenses, to protect your status and preserve your future eligibility to live and work in the United States.

For trusted legal guidance on unlawful entry, unlawful presence, or related immigration matters, contact Pardalis & Nohavicka at contact@pnlawyers.com or call to schedule a consultation.