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-I think if a person presence is not counted as unlawful presence, it is reasonable to say this person's presence is lawful or say "authorized stay", and don't think there is a status between lawful/authorized presence and unlawful presence. Even if a person violate the condition and term of status during I-94 vadility, he is authorized to stay until USCIS/DHS or immigration judge make a decsion that he is not authorized to stay.

 

 

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

The following statement is from above link.

(a)(2)

………..

However, the fact that the alien does not accrue unlawful presence does not mean that the alien’s presence in the United States is actually lawful.

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