What the statute covers
More than 180 days but less than one year can trigger the three-year bar after a qualifying voluntary departure before specified proceedings begin. One year or more, followed by departure or removal, can trigger the ten-year bar. The statute contains exceptions, including rules for minors and certain other categories. Do not calculate unlawful presence solely from a visa-sticker expiration date.
Limits and practical context
A limited waiver may require extreme hardship to a qualifying U.S.-citizen or permanent-resident spouse or parent. A waiver does not cure every inadmissibility ground. INA §212(a)(9)(C) is a separate provision and should not be conflated with the three- and ten-year bars. Before travel, check applicable precedent, entry and departure history and possible waiver eligibility with counsel.