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I am trying to find out how much unlawfull presence I accrued and I found this, I thought this might help people who are in my situation.
What is tolling?
For aliens who were lawfully admitted or paroled into theUnited States, "unlawfully present" periods are tolled forup to 120 days during the pendency of a timely "nonfrivolous"application for change or extension of status, providing theapplicants were not employed without authorization before theapplication was filed or while it was pending. The Service,recognizing that processing delays have now, in many cases, exceeded120 days, has extended the tolling period for the entire pendency ofthe petition.
The INS has not defined "frivolous" for this purpose.Presumably the INS will apply the definition of"frivolous" it uses for asylum applications. Under thatdefinition, an application is frivolous only "if any of itsmaterial elements is deliberately fabricated." Such adefinition makes sense in the unlawful presence context as well.
The INS has clarified how this tolling period works. Under theINS's interpretation, aliens admitted to the United States forduration of status will not accrue unlawful presence based solely onthe denial of a change of status application, if the denial was notbased on ineligibility due to a status violation. If, however, thechange of status application was denied because of a statusviolation, unlawful presence begins accruing as of the date of thedenial. For aliens admitted for a date certain, unlawful presencebegins accruing as of the date the I–94 expires, if the denial wasissued before the I–94 expired and the denial was not based onineligibility due to a status violation. If the denial was issuedafter the I–94 expiration date, but during the 120-day tollingperiod, and the alien meets the requirements of the statutorytolling provision, unlawful presence accrues as of the date of theService's decision. If, however, the denial was issued after the I–94expiration date and after the 120-day tolling period, unlawfulpresence begins accruing as of the 121st day.
What is tolling?
For aliens who were lawfully admitted or paroled into theUnited States, "unlawfully present" periods are tolled forup to 120 days during the pendency of a timely "nonfrivolous"application for change or extension of status, providing theapplicants were not employed without authorization before theapplication was filed or while it was pending. The Service,recognizing that processing delays have now, in many cases, exceeded120 days, has extended the tolling period for the entire pendency ofthe petition.
The INS has not defined "frivolous" for this purpose.Presumably the INS will apply the definition of"frivolous" it uses for asylum applications. Under thatdefinition, an application is frivolous only "if any of itsmaterial elements is deliberately fabricated." Such adefinition makes sense in the unlawful presence context as well.
The INS has clarified how this tolling period works. Under theINS's interpretation, aliens admitted to the United States forduration of status will not accrue unlawful presence based solely onthe denial of a change of status application, if the denial was notbased on ineligibility due to a status violation. If, however, thechange of status application was denied because of a statusviolation, unlawful presence begins accruing as of the date of thedenial. For aliens admitted for a date certain, unlawful presencebegins accruing as of the date the I–94 expires, if the denial wasissued before the I–94 expired and the denial was not based onineligibility due to a status violation. If the denial was issuedafter the I–94 expiration date, but during the 120-day tollingperiod, and the alien meets the requirements of the statutorytolling provision, unlawful presence accrues as of the date of theService's decision. If, however, the denial was issued after the I–94expiration date and after the 120-day tolling period, unlawfulpresence begins accruing as of the 121st day.
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