Loss of status, unlawful presence, and the 3/10-year entry bar

This page is a brief roadmap for people in the United States who have lost their lawful status or exceeded their authorized period of stay. You will find the difference between a status violation and unlawful presence, a summary of the 3- and 10-year entry bars, other consequences of losing status, and voluntary departure options. Unlawful presence, exceptions, and waiver applications are explained in detail on the 2.9 Consequences of Overstay and Unlawful Presence page.

• Status violation (out of status): failing to comply with the conditions of your visa. Examples:
  • working without authorization or in a job different from the one authorized;
  • enrolling in an educational program with a tourist or business (B) visa;
  • failing to provide information requested by DHS completely and accurately;
  • being convicted of a violent offense punishable by more than 1 year in prison.
• Unlawful presence: time spent in the United States after the date on your I-94. Being in the United States without having been admitted or granted parole also constitutes unlawful presence.
• For people whose I-94 states "D/S" (duration of status), unlawful presence generally begins the day after the status ends.
• The 3- and 10-year entry bars are calculated based on the period of unlawful presence. A status violation, by itself, may also lead to removal and is considered in every subsequent visa or green card application.

• 3 years: if you accrue more than 180 days but less than 1 year of unlawful presence during a single stay and leave before removal proceedings begin.
• 10 years: if you accrue 1 year or more of unlawful presence during a single stay and then leave or are removed.
• Permanent bar: if, after accruing more than 1 year of unlawful presence in total, you enter or attempt to enter the United States without authorization.
• The bar period begins on the day you leave the United States. The rules apply to unlawful presence after April 1, 1997.
• Time spent under age 18 does not count as unlawful presence. For other exceptions and waiver options (Forms I-601, I-601A, and I-212), see 2.9.

• Visa automatically becomes invalid: the visa of a person who exceeds the authorized period of stay cannot be used for subsequent entries, even if it is a multiple-entry visa. As a rule, a new visa must be obtained from a U.S. consular post in Türkiye.
• Extensions and changes of status become more difficult: an extension application filed after the period expires is accepted only under narrow exceptions. See 2.8 Change of Status and Extension of Stay.
• The green card route becomes narrower: a status violation may prevent an adjustment of status application (I-485) from within the United States. For categories with exceptions, see 3.8 Application Route: From Within the United States or from Türkiye?
• Removal proceedings: DHS may issue a "Notice to Appear" in your case. For the process, see 12.3.
• Registration and address obligations continue: even after your status expires, if you are over 18 you must carry your registration document and notify USCIS of an address change within 10 days; see 12.1.

• An immigration judge may allow a person to leave on their own within a specified period instead of issuing a removal order.
• Period: up to 120 days if granted before the case ends; up to 60 days if granted at the end of the case.
• Requirements when granted at the end of the case:
  • having been physically present in the United States for at least 1 year before being served with the Notice to Appear;
  • having good moral character for the past 5 years;
  • posting a bond of at least $500. The bond is paid to ICE within 5 business days after the judge's decision.
• If you do not leave on time:
  • a fine applies; unless the judge sets another amount, the fine is considered to be $3,000;
  • for 10 years, you cannot benefit from voluntary departure or certain applications, such as cancellation of removal and adjustment of status from within the United States.
• If you request that the case be reopened (motion to reopen) during the voluntary departure period, the voluntary departure permission automatically ends.

• The Department of Homeland Security (DHS) asks people who are in the United States without lawful status to report their intention to leave through the CBP Home mobile app. The app is free.
• According to DHS's October 16, 2026 page, participants with no criminal record are offered:
  • free travel and travel-document assistance;
  • a $3,000 "exit payment" paid after the return is completed;
  • waiver of fines arising from failure to comply with a removal order or voluntary departure order;
  • after review, non-priority detention in ICE custody until the departure date.
• You may participate even if you have a case in immigration court; DHS will ask the court to dismiss the case. DHS recommends consulting an immigration attorney before participating.
• People leaving by land verify their departure in the app after traveling at least 3 miles from the border.
• CBP Home officers do not ask for bank account information, Social Security numbers, or passwords. Questions: CBPHome@cbp.dhs.gov.

1. Check your I-94 date. Each family member may have a different date.
2. Review your pending applications. Check your USCIS case status using your receipt number.
3. Find out whether you have a case. If you have an A-number, check EOIR's case information system; see 12.3.
4. Keep your address current. Notify USCIS within 10 days; if you have a case, notify the court within 5 days.
5. If the period has not expired, apply immediately for an extension or change of status; see 2.8.
6. Discuss your options with an attorney: a waiver application, asylum, voluntary departure, or CBP Home. See 12.6 Finding an Attorney.
7. Document your departure. Departure by plane or ship is recorded electronically; when leaving by land, keep evidence such as tickets and receipts.

• USCIS Contact Center — case status and general questions
  • Phone: +1 800 375 5283 (TTY +1 800 767 1833); from outside the United States +1 212 620 3418
  • Live assistance: Monday–Friday, 08:00–20:00 U.S. Eastern Time
• EOIR case information hotline — to find out whether you have removal proceedings
  • Phone: +1 800 898 7180 or +1 304 625 2050; for people with hearing impairments +1 800 828 1120
• CBP Home — voluntary departure
  • Email: CBPHome@cbp.dhs.gov
• Legal assistance: EOIR's free legal assistance list; see 12.6.

• Confusing the visa expiration date with the authorized period of stay. The I-94 date controls.
• Confusing a status violation with unlawful presence and thinking, "the period has not expired, so there is no problem."
• Failing to report an address change separately to USCIS and the court.
• Missing the voluntary departure period granted by the court.
• Failing to pay the bond within 5 business days.
• Leaving the United States after accruing more than 180 days of unlawful presence without consulting an attorney.
• Paying intermediaries who promise "status correction." See 1.12 Fraud Warnings.

• I lost my status; will I immediately receive an entry bar? No. The 3- and 10-year bars arise when you leave the United States and are based on the period of unlawful presence. However, loss of status may lead to removal proceedings.
• I left a few days late; what will happen? More than 180 days of unlawful presence during a single stay is required for the 3-year bar. However, your visa will be void and you will need to obtain a new visa from Türkiye.
• Are voluntary departure and a removal order the same? No. With voluntary departure, you leave on your own within the period set by the judge. If you miss the deadline, fines and 10-year application bars may result.
• If I leave through CBP Home, will I avoid the bar? The DHS page does not say so. If you have accrued unlawful presence, consult an attorney first.
• I have a case in court; can I use CBP Home? According to DHS, yes; DHS will ask the court to dismiss the case. Consult your attorney before making a decision.
• My status has ended; do I need to carry my registration document? Yes. If you are 18 or older, you must carry your registration document, such as your I-94, with you at all times.

• I-94 lookup
• USCIS case status lookup
• EOIR case information system (ACIS)
• Form I-539 (PDF) · Instructions (PDF)
• Form I-601A (PDF) · Form I-212 (PDF)
• DHS – CBP Home
• eCFR – 8 CFR 1240.26 voluntary departure
• Related: 2.9 Consequences of Overstay and Unlawful Presence · 3.12 Loss of Green Card