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I’m going through the employment-based green card process. I had a period of unlawful presence in the past, but I heard USCIS overlooks it if it’s under 180 days. Is that true?
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In employment-based cases, if the period of unlawful presence is under 180 days, permanent residency can still be obtained from within the U.S. under section 245(k). USCIS has excused unlawful presence under 180 days at the I-485 stage.
Going forward, the calculation of unlawful presence periods is expected to become stricter, so you should pay close attention to how that period is calculated.