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Unlawful Presence-What is it?

Unlawful presence is when an alien resides in the United States without a legal right to do so. Unlawful residence begins when the period of authorized stay ends. If a visitor is authorized to remain in the US for 3 months and does not extend the authorization, the period of unlawful residence begins when the 3 month authorization period ends. If a person enters without inspection, the unlawful residence period begins with the first day of entry. In general, one begins to accrue unlawful residence after the date authorized on his I-94 expires. 

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