An overstay of at least 180 days results in a bar of three years. An overstay of one year or more result in a 10 year bar.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Amigo, if you overstayed more than 6 months, but less than 1 year as you have reported here, you will then be barred from returning for 3 years (from the date you left. If your overstay would have been for one year or more, you would then be barred from readmission to the US for 10 years.
Look at the US entry stamp date on your passport for the date you last entered the US. Even though the US does not stamp your passport with a departure stamp, you might easily find out when you left the US if you look at your airplane ticket (either on your email or from a travel agency's records.)
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
three years plus as long as the US consulate officials will then find in themselves to issue you a nonimmigrant visa. From now on, you will need a visa. You have just voted yourself out of the VWP.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; 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.