Unlawful Presence Calculator
Estimate the 3-year, 10-year, or permanent bar under INA § 212(a)(9)(B) and (C) before you depart the U.S. Built by attorneys, attorney-reviewed, with citations.
What is this tool
If you've been in the United States out of status, the immigration law penalizes you for the time you've spent here when you finally leave: 180 days of unlawful presence triggers a 3-year bar, a year or more triggers a 10-year bar, and reentering without inspection on top of that triggers a permanent bar. This calculator does the day-counting for you, subtracts the time you were under 18, in TPS, in DACA, in parole, or with a bona fide pending asylum claim, and tells you whether you can pursue an I-601A provisional waiver before leaving for the consulate.
Who should use this
- •People who entered without inspection or overstayed a visa and are considering consular processing.
- •Beneficiaries of an approved I-130 weighing whether to file an I-601A provisional waiver.
- •Anyone who entered, accumulated time out of status, and then left and wants to know when the bar lifts.
- •TPS, DACA, or parole recipients trying to understand whether protected time counts as 'lawful presence' for them.
- •Petitioners grandfathered under § 245(i) (petition filed on or before April 30, 2001).
- •Attorneys triaging a case before deciding between AOS, consular processing, or cancellation of removal.
What this tool does NOT tell you
It estimates the unlawful-presence bar from your dates. It cannot tell you whether your I-601A 'extreme hardship' case is strong enough, whether other inadmissibilities (criminal, fraud, prior orders of removal) will block your case, or whether a different form of relief is a better fit. Departing the U.S. is irreversible — get a lawyer involved before you book the flight.
- •Whether your hardship evidence supports an I-601A approval.
- •Whether prior orders of removal, criminal history, or fraud findings disqualify you.
- •Whether to pursue cancellation of removal, asylum, U/T visa, or another form of relief.
- •Whether you should leave the U.S. at all given your specific facts.
Estimate the bar
Educational estimate based on INA § 212(a)(9)(B)/(C). Not legal advice.
How it works
- 1Identify the start dateFind when unlawful presence began — usually I-94 expiration, USCIS denial, or April 1, 1997 if entry was earlier.
- 2Subtract tolling periodsSubtract time before age 18, periods of bona fide pending asylum, TPS, DACA, parole, or family-unity protection.
- 3Compare to thresholds180+ days but less than 1 year triggers a 3-year bar on departure; 1+ year triggers a 10-year bar.
- 4Check for permanent barAggregate unlawful presence over 1 year plus any reentry without admission triggers the permanent bar under § 212(a)(9)(C).
- 5Screen for waiversI-601A requires extreme hardship to a USC or LPR spouse or parent. § 245(i) grandfathers petitions filed on or before April 30, 2001.
Frequently asked
When does unlawful presence start counting?
Generally on April 1, 1997 or later, when the I-94 expires, when USCIS denies a status application, or when an immigration judge orders the person to depart. Time before April 1, 1997 (IIRAIRA) does not count.
Does the bar trigger if I never leave the United States?
No. The 3- and 10-year bars under INA § 212(a)(9)(B) attach only on departure. The unlawful presence accrues every day, but the bar itself does not trigger until you leave.
What is the I-601A waiver?
A provisional unlawful-presence waiver under INA § 212(a)(9)(B)(v) and 8 C.F.R. § 212.7(e). It is filed inside the U.S., before consular processing, when the applicant has a U.S. citizen or LPR spouse or parent who would suffer extreme hardship.
What is the permanent bar?
INA § 212(a)(9)(C)(i)(I) imposes a permanent bar on someone with more than one year of aggregate unlawful presence who reenters or attempts to reenter without admission. The only relief is an I-212 application, available only after 10 years abroad following the most recent departure.