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What are the differences between "out of status" and "unlawfully present"? |
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Quite a bit, actually. Out of status is somebody who has violated his status in some way, for instance by working. Unlawfully present is somebody whose I-94 has expired, or who entered without inspection (that is, walked or swam across the border). Somebody who is unlawfully present will also always be out of status, but the reverse is not necessarily true.
If you are unlawfully present, you have to worry about the three-year and ten-year bans - if you are only out of status, you don't. That is, if you have been unlawfully present for six months, and then leave the US for any reason, you cannot return for three years. If you have been unlawfully present for a year, you cannot return for ten years.
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