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

Asked over 1 year ago - 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. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    1

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

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Alena Shautsova

    Pro

    Contributor Level 20

    Answered . 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... more
  3. Haroen Calehr

    Pro

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . 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.

  4. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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... more

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