•
Less than 6 months of Unlawful Presence: When an alien enters the U.S. as an EWI one time and stays
in the US less than 6 months, s/he does not face any bar to returning provided s/he leaves before he has been
unlawfully present for 180 days.
• More than 6 Months But Less Than 1 Year of Unlawful Presence: When
an alien enters the U.S. as an EWI one time and stays in the U.S. more than 6 months but less than 1 year, and then
leaves the U.S., s/he faces a ban of 3 years. This ban is generally waiveable with an I-601 waiver.
•
More than 1 Year of Unlawful Presence: When an alien enters the US as an EWI one time and stays in the U.S. more
than 1 year, and then leaves the U.S., he faces a ban of 10 years. This ban is generally waiveable with an I-601 waiver.
• When an alien enters the U.S. as an EWI and stays in the U.S. more than one year in aggregate, then leaves
and enters again or attempts to enter again, he is banned for life. This ban can generally be waived with an I-601 waiver
but not until the alien has first spent 10 years outside the US.
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