As far as Immigration and Nationality Act are these terms the same? Would both conditions lead to visa ineligibility under INA 212(a)((9)(B), i.e. unlawfully present alliens?
Answer:
They mean the same. However being out of status (overstayed) is different than having enetered illegally. Both are subject to deportation, however having overstyaed, at least you have the chance to leave, and then enter again.
I believe there's a little more leeway towards someone who overstayed a visa than there is towards someone who never having a legal status to start with.
But who knows, these days one is better off coming here ILLEGALLY and waiting for an amnesty than one is waiting 10+ years and paying thousands of dollars in USCIS and attorney fees doing it LEGALLY.
The immigration information post by website user , MyTend.com not guarantee correctness
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