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How does the DHS know if a temporary visa holder has overstayed?

New York, NY |

I am not adding more as I have heard/read a few different ways they claim they find out. I want to get an answer from a legal entity. If they don't find out, they cannot sentence someone to a 5 year bar or 10 year bar.

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What's a 5-year bar? There is a 3-year bar, a 10-year bar and a bars with no waiver and permanent bars? I've never heard of a 5-year bar yet. If you want information on DHS internal procedures, you're not going to find an answer on Avvo from an immigration lawyer. Not sure where you would obtain that information other than by working for DHS.

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:



My bad it is 3 years for overstaying under 180days and 10 years for overstaying more than 180 days. I am sure that an immigration lawyer would know that answer as he/she knows how the whole system works. Thanks for the answer though.

Dean P Murray

Dean P Murray


Except for the tiny ethical requirement that lawyers cannot help you to circumvent the law without putting their license at risk. I will bet a lot of money that you don't get the answer you're looking for from any lawyer, especially on a public forum like this one.


Don't concern yourself with how, as it really isn't a very good use of your time and energy. Just know when they find out, negative ramifications are likely. Instead, you should avoid being out of status at all costs--an immigration attorney can attempt to guide you to avoid being out of status.


By examining their records.

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.

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