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As you said above: "The unexpired I-94 may protect him from accruing days towards 3/10 year bar though", that is because the person is lawfully present (or say "authorized presence") during the I-94 duration (unexpired) and thus, he is not subjected to 3-year or 10-year bar. - It would not appropriate to interpret "do not accrue unlawful presence" to "lawfully present"

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