Of those illegally present, some began their stay legally, for example, as a visitor authorized to stay until a certain date. The admission was legal, as a "B" visitor. This alien typically came by air, and the INS admitted him or her for the period of the visit. Once the alien stays beyond the date for which he or she was authorized to stay, he or she becomes an illegal "overstay."
Others did not even enter the U.S. legally, but crossed the border surreptitiously. The INS has not "cleared" them in as with the visitor above. They are thus unlawfully present from their entry into the U.S., generally did not have a visa to enter, and their present is unlawful at all times that they are in the U.S. Not all aliens unlawfully present are in the process of being deported. They are simply present. When the INS becomes aware of their presence, they are ordered to appear before the Immigration Court to explain their presence. Some can then apply for a status, and if they qualify, eventually become permanent residents. If they cannot, they are ordered deported. Usually they have the option of voluntarily departing. Voluntary departure saves the government the time and expense of a deportation; the gain for the alien is that he or she may at least apply to return again if qualified, whereas one who has been deported cannot return for a set number of years even if he or she would otherwise have qualified to enter the U.S.
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