It is time accumulated in the U.S. after a foreign national’s authorized stay expires. This can lead to problems with the 3 year/10 year bar. The period of authorized stay is usually noted on Form I-94, or Form I-94W. Besides Canadians admitted without being issued an I-94, and F, J, and M students and exchange visitors admitted for “duration of status” do not accrue under unlawful presence until and unless an immigration judge or DHS official finds such person to be out of status.
