I'm helping someone pro bono with something and an immigration issue came up. This person overstayed a visitor's visa by more than one year back in 2000-2001. When she tried to return for a visit in 2002, the INS deported her with a 5-year ban (which would have expired already), presumably for improperly obtaining a visa or entering as an immigrant on a non-immigrant visa. I know that overstaying her visa for more than one year means she is susceptible to a 10-year ban under 212(a)(9)(B)(i)(ii). However, she was never banned by the INS for 10 years, only for 5.
The question is, may her ban now be considered to be expired, allowing her to apply for a regular visitor's visa, or is the hypothetical 10 year ban still in place, even though she was never officially banned for 10 years?