The aggregate period refers to the length of time you were in the country without proper authorization occurring over all your stays. You start to “accrue” days in the aggregate period once you are deemed unlawfully in the U.S. That may start when you arrive if you came here without any authorization (like a visa), which is known as “entry without inspection” or EWI. Or, it may start when your authorization ends (such as when your visa expires).
If you overstay a visa or enter the country without one, you won’t automatically have a permanent bar. You would have to accrue at least one year, or 365 days, of unlawful presence in the country. But it doesn’t need to be 365 consecutive days — if you come and go and accrue one year or more in unlawful presence, you may be subject to a permanent bar.
In addition, you must also have at least one more attempted or successful EWI to face a permanent bar.
Exceptions for Accruing Unlawful Presence
Some noncitizens without lawful status may be temporarily exempt from accruing unlawful presence due to special circumstances. These exceptions include:
- Asylees
- Children under the age of 18
- Individuals with Temporary Protected Status, including those under the protection of a family unity program
