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When someone has overstayed their visa. The penalty of 3 or 10 years starts when? When the person leaves the US?

New York, NY |

When the person leaves the US? When the person applies for a new visa? From the date until which the person was aloud in the US?

Attorney Answers 4

  1. From the date the person leaves the US. In certain situations, if a person never leaves before getting a green card, the 3/10 year bar never applies (marriage to a US citizen).

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

  2. In general terms the inadmissibility bar is stiggered from the time you leave you trigger the 3 or 10 year bar. If you then want to apply for a new non-immigrant visa you will need to obtain a non-immigrant inadmissibility waiver called (INA 212(d)(3)). If you get married to a US citzen though you can apply for a green card and do not have to leave.

  3. Yes. leave or deported. No leave or deportation - no penalty.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

  4. This is the most "commented-on" question that I have ever seen on Avvo. Many attorneys have provided answers and several follow-up answers, and yet, the follow-up questions keep on coming. This cries out for a constulatation. Additional answers on Avvo are a disservice to the questioner at this point. This site is not for legal advice and anyone who attempts to use it for that purpose is going to get badly burned. Avvo is for general questions and sensitizing the public to the current state of the law.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

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