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?
Employment / Labor Attorney
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).
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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.
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Yes. leave or deported. No leave or deportation - no penalty.
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Real Estate Attorney
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.
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