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What is the difference between Unlawful Presence and Unlawful Status?

  • Although the two are related, they are not synonymous.
  • Unlawful status results when you violate the terms of the status Department of Homeland Security gave you.
  • Whereas, unlawful presence relates to time in the US past any authorized presence or being in the US without being admitted or paroled (ex., walked across the border).
  • For example, if you were admitted as a student and worked without permission, you would be in unlawful status.  However, you do not accumulate unlawful presence until immigration agency or judge makes such a finding.