SRW BORDER LAWYERS

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Q: do the unlawful presence bars apply to me if I do not depart the U.S. after entering unlawfully?

A: No. Unlawful presence is only triggered upon departure from the U.S. For this reason, many individuals in the U.S. after EWI choose not to complete the immigrantion process, which requires departure and attendance at an interview at a U.S. Consulate abroad.