Clarification - Did i read correct? 1 yr before can file I-212?

[Bobby+Umit 161]

I believe that time spent in detention does not count, but that it is also too short a time to get to 180 days.

How long past his 90 days was he here before getting picked up?

Unlawful presence begins to accrue when the period of authorized stay expires or after an entry to the U.S. without inspection - in his case, he went past the VWP authorized stay period, so from that date (day 91), the UP (unlawful presence) clock started ticking, regardless if he is in detention or not. (unless he was in the process of trying to change status and/or pending request to extend status)

This is one of the reasons why I suggest people protect their status at all times and AOS prior to the I-94 expiring to avoid issues like this.

Even if he voluntary departs, the UP time will still count against him (again, only after 180+ does it come into ban play)

I have been seeing more and more VWP AOS problems after the 90 days showing up around the web - they must be cracking down on it. (makes sense - since the VWP person has no recourse to fight the deportation, easier to deport/process)

For reference:

AFM Guidance on unlawful presence

Edited August 20, 2010 by Bobby+Umit

[emt103c 10]

Feb 14 Entered (?)

May 15 ended 90 days

June 29 Custoday (overstay at 44 days)

Even if he doesn't get sent back until August 31, he'll only have 108 days illegal presence and will not need an I-601. This is assuming (from your timeline) that he entered February 14.

May 16 days illegal presence

June 30 days illegal presence

July 31 days illegal presence

August 31 days illegal presence