In such a case, unless the immigration judge grants voluntary departure, unlawful presence will begin to accrue as of the date of the order of the immigration judge, whether or not the decision is appealed. While in Proceedings. Time spent as an alien in proceedings before an immigration judge or higher appellate authority is not a period of stay authorized by the Attorney General. The following paragraphs provided further details on how this principle is to be applied. In the case of EWIs, unlawful presence begins to accrue as of the date the alien entered the United States without admission or parole.
Unlawful presence continues to accrue while such an alien is in proceedings.
When a parolee remains in the United States beyond the period of parole authorized by the Attorney General, unlawful presence begins to accrue as of the date the parole authorization expired. If, however, the parole authorization was revoked or terminated prior to the date it was due to expire, unlawful presence begins to accrue as of the date of revocation or termination. If the admission period expired during the course of proceedings, unlawful presence begins to accrue as of the date of the order. If, however, the Service prevails on appeal, unlawful presence begins to accrue once again, as of the date the decision on appeal was made in favor of the Service. Conditional Permanent Residents.