If an alien remains in the country after his visa expires, he is considered unlawfully present. If he remains unlawfully in the U.S. for a total of 180 days, he will not change status and will not be re-admitted into this country for a period of three years; if he is unlawfully present for 364 days, he will not be re-admitted for ten years. There are further consequences of remaining unlawfully present which are beyond the scope of this discussion.