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How do you know if you have a bar from entering a country?

Houston, TX |

Is there way to find out?
How does it work?
Do you apply for the visa, then if you are banned they tell you are banned and dont give you a visa; or do they grant you one, you buy the ticket and once you get to that country they have to tell you that you are banned or not?? ( I hope this is not the case)
Im referring to someone who entered legally into america, over stayed tourist visa 5-7 months then left.

Attorney Answers 7


  1. The bar results from an application of the law to a set of facts. For the US if you overstay six months and then leave you are barred for three years. And yes - you apply, answer the questions, and are told you are barred. So you need to see an attorney and have him or her analyze the facts and apply the law.


  2. Agreed.

    FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 kiki@kikislaw.com The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question. kiki@kikislaw.com


  3. Its usally the the detention and putting you on the next plane home. If you did something that would get you barred, then don't risk the humiliation.

    As far as specifics, even 5 month overstay will probably get the visa cancelled these days. More than 6 months and leaving triggers 3 year bar.


  4. I agree with the other attorneys

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/


  5. I agree with my colleagues


  6. The exact dates are what determine the bar. If you overstayed for 5 months, you are okay. If you overstayed for 6 or more, you have a 3 yr bar. If you overstayed for more than 1 yr, you have a 10 yr bar. If you do have a bar, there are certain waivers available depending on why you overstayed and why you want to re-enter. You should contact an immigration attorney to determine which are available to you.

    Dhenu Savla, Esq
    SwagatUSA, LLC
    www.swagatusa.com
    Free Phone Consultations Available


  7. Just consult with an experienced immigration attorney. If a person has been unlawfully present I the US for more than 180 days and then departs, the person will have automatically triggered the 3/10 year inadmissibility bar. No notices are sent to make the person aware of the bar.
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    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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