Unlawful presence 3- and 10-year bar calculator.

What the statute sets

The USCIS Policy Manual explains the thresholds in a footnote to its chapter on seeking admission after accruing unlawful presence: "If an alien accrues more than 180 days but less than a year of unlawful presence during a single stay in the United States, departs the United States, and again seeks admission within 3 years of such departure, then the alien is inadmissible. See INA 212(a)(9)(B)(i)(I). If an alien accrues 1 year or more of unlawful presence during a single stay in the United States, departs or is removed from the United States, and again seeks admission within 10 years of such departure or removal, then the alien is inadmissible. See INA 212(a)(9)(B)(i)(II)."

The Policy Manual adds that the 3-year or 10-year period "begins to run on the day of departure or removal" and runs without interruption, whether the person is inside or outside the United States. Someone who again seeks admission after the period is not inadmissible on that ground. A person who is inadmissible can generally be admitted or adjust status only with an approved waiver.

How the tool counts

Unlawful presence is counted from the day after the authorized stay ended. The tool subtracts the end date from the departure date: an authorized stay that ended January 1 and a departure on January 2 is one day. More than 180 days means 181 or more, which falls on the 181st day after the end date. One year is the same calendar date a year later. The bar end date is the departure date plus 3 or 10 years.

Worked examples

• I-94 ended January 1, 2026; left June 30, 2026. That is 180 days, which is not more than 180, so the 3-year ground is not reached on this count.
• Left July 1, 2026, a day later: 181 days, so the 3-year ground applies and runs to July 1, 2029.
• Left December 31, 2026: 364 days, still the 3-year ground, running to December 31, 2029.
• Left January 1, 2027: one year, so the 10-year ground applies and runs to January 1, 2037.

Things that change the count

The tool counts raw days from the date you enter. Unlawful presence has rules that this simple count does not capture, and a few matter often. A person admitted for duration of status has no "Admit Until" date to count from, which is why this tool asks for one. INA 212(a)(9)(B)(iii) excludes time under age 18, time with a bona fide asylum application pending (unless the person worked without authorization), family unity beneficiaries, and some battered-spouse and trafficking cases, and (iv) tolls the clock for certain timely filed extension or change-of-status applications. A bar applies only if the person "again seeks admission" within the period. Because of these rules, the count is a starting point. If you are close to a threshold, get legal advice before you depart or apply.

What this does not cover

The permanent bar for re-entering without admission after a year or more of unlawful presence, the bar for people previously removed, the provisional unlawful presence waiver, or how long it takes to consular process. It does not decide whether you accrued any unlawful presence at all.

Sources

• USCIS Policy Manual, Volume 8, Part O, Chapter 6 — the 3-year and 10-year grounds and when the period begins to run. Read November 1, 2026.
• 8 U.S.C. 1182(a)(9)(B) — the statute (INA 212(a)(9)(B)), including the exceptions in clause (iii) and tolling in clause (iv). Read November 1, 2026.

Retrieved November 1, 2026.