Declaration of Unlawful Presence Law and Legal Definition

Declaration of Unlawful Presence refers to the DHS (Department of Homeland Security) declaration of unlawful presence. When a DHS official or an immigration judge declares an individual to be unlawfully present in the U.S., the unlawful presence will begin on the date of the DHS decision. The time is calculated not at the date the individual violated his/her status.

Unlawful presence will have an effect on future eligibility for entry into the U.S. in the following ways:

Individuals who have been unlawfully present in the U.S. for more than 180 continuous days but less than one year are prohibited from reentering the U.S. (under any visa type) for a period of three years from the date of departure; and

individuals who have been unlawfully present in the U.S. for one year or longer are prohibited from reentering the US (under any visa type) for a period of ten years.