- 3 year bar. For any unlawful presence over 180 days but less than 365 days, once the alien leaves the U.S. the alien must stay out for 3 years unless a waiver is granted.
- 10 year bar. For any unlawful presence over 365 days after leaving the U.S. the alien must stay out for 10 years unless a waiver is granted.
If they return to the United States without the pardon, they may not apply for a waiver for a period of ten years.This is only applies for unauthorized time during a single stay. So if you stayed for 179 days beyond the time allowed you, left, and then returned and stayed an additional 179 days past the allowed time, you are not subject to the three year bar.