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.