When a person overstay there visa (over 1 year) when does the 10 years bar starts?

Asked over 1 year ago - Danbury, CT

My mum has been in USA since Dec 2000 for work, in 2003 She return to Europe and retired. She than decided to come back and live near me. in the mean time I became citizen (2009) and start sponsoring her in 2010, to finalize the paper she was ask to go back to her country and was told that she couldn't come back because she overstayed her visa. Does the ban applied since 2003 or 2010??

Additional information

She enter the US LEGALLY with a regular tourist visa. I guess she cannot come back in the US as of right now!? What can/should I or she do(es)?

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . Why can't she adjust her status in the US? Did she enter the US unlawfully?

    Please click the link below for additional information.

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Dana Roxana Bucin

    Contributor Level 15


    Lawyer agrees

    Answered . I have seen this problem happen to folks who had never used an attorney when filling out the green card paperwork and they marked consular processing and not adjustment of status on the paperwork (not knowing any better) and thus National Visa Center followed up indicating their relative needed to go back home to get an immigrant visa. Yet another reason to consult or use an attorney from the beginning since this could have been avoided. Now that your mother did go outside the U.S., the 10 year bar should kick in since the day she left the US. I highly recommend getting attorney assistance this time around.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide,... more
  3. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . on the 366th day but kicks in only with the first step not on US soil.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  4. J Charles Ferrari

    Contributor Level 20

    Answered . When the person leaves the US.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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