Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for three years. Persons who have accumulated one year or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for ten years. Persons who illegally return to the U.S. without seeking a waiver must wait outside the U.S. for a period of ten years before they can apply for a waiver. The same rule applies to persons who illegally reenter the U.S. after being deported. A person can accumulate unlawful presence by (1) entering the U.S. without inspection; (2) by overstaying the expiration date on his I-94; or (3) by violating his status if he is notified by the government that he has done so. Persons who commit fraud or a material misrepresentation are barred from the U.S. for life unless they obtain a waiver. If you facing an immigration bar and are considering applying for a visa or lawful permanent resident status, talk with our attorneys. We handle a wide array of immigration applications, including those requiring waivers for fraud, criminal issues, HIV status, and/or unlawful presence in the United States.