Unlawful presence calculator

Staying in the U.S. after your authorized stay ends, or entering without being inspected, can count as “unlawful presence.” More than 180 days of it, followed by leaving the country, can lead to a 3-year bar on coming back; one year or more can lead to a 10-year bar. Enter your dates to count the days and see when each limit is reached.

When unlawful presence starts

• Admitted until a date. If your I-94 shows a date, unlawful presence can start the day after that date, unless you are in a period that does not count (below).
• Entered without inspection. If you entered without being inspected and admitted or paroled, it can start on the day you entered.
• Admitted for duration of status (D/S). Students, exchange visitors and media representatives admitted for “D/S” generally start to accrue unlawful presence only the day after USCIS formally finds a status violation, or an immigration judge orders removal. DHS published a rule to replace D/S with fixed end dates from September 15, 2026, but a federal court blocked it nationwide on September 14, 2026, and the government has appealed. We will update this page if that changes.
• Not before April 1, 1997. Time before that date never counts.

Time that generally does not count

The law and USCIS policy leave out these periods for the 3-year and 10-year bars. Each one has conditions, so check yours with an attorney.

• Time before your 18th birthday.
• While a bona fide asylum application is pending, unless you worked without authorization.
• While a properly filed application to adjust status (Form I-485) is pending.
• While a timely, non-frivolous application to extend or change your nonimmigrant status is pending, if you did not work without authorization (the law guarantees the first 120 days; USCIS policy can cover more).
• While you have Temporary Protected Status (TPS), deferred action (including DACA), or Family Unity protection.
• Certain survivors of domestic violence (VAWA) and of trafficking (T visa), when the abuse or trafficking is connected to the overstay.

What the bars mean

• 3-year bar. More than 180 days but less than one year of unlawful presence in one stay, then leaving the U.S. before removal proceedings start: inadmissible for 3 years from the departure (INA 212(a)(9)(B)(i)(I)).
• 10-year bar. One year or more of unlawful presence in one stay, then leaving or being removed: inadmissible for 10 years from the departure or removal (INA 212(a)(9)(B)(i)(II)).
• The clock runs from the departure. Since June 2022, USCIS counts the 3 or 10 years from the departure even if the person later comes back to the U.S. during that time.
• Leaving triggers it. The bars apply only after a departure. Since Matter of Delcarmen-Lara (BIA, August 13, 2026), a trip abroad on advance parole also counts as a departure.
• Permanent bar. A different rule (INA 212(a)(9)(C)) applies to someone who had more than one year of unlawful presence in total (added across stays), or was removed, and then entered or tried to enter again without being admitted. This calculator does not cover it.
• Waivers. Some people can ask USCIS to forgive the 3-year or 10-year bar, for example with Form I-601, or with Form I-601A before leaving for a consular interview. These depend on extreme hardship to a U.S. citizen or permanent resident spouse or parent.

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