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When a person overstay there visa (over 1 year) when does the 10 years bar starts?

Danbury, CT |

My mum has been in USA since Dec 2000 for work, in 2003 She return to Europe and retired. She than decided to come back and live near me. in the mean time I became citizen (2009) and start sponsoring her in 2010, to finalize the paper she was ask to go back to her country and was told that she couldn't come back because she overstayed her visa. Does the ban applied since 2003 or 2010??

She enter the US LEGALLY with a regular tourist visa. I guess she cannot come back in the US as of right now!? What can/should I or she do(es)?

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Attorney answers 4


on the 366th day but kicks in only with the first step not on US soil.

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.


Why can't she adjust her status in the US? Did she enter the US unlawfully?

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


When the person leaves the US.

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.


I have seen this problem happen to folks who had never used an attorney when filling out the green card paperwork and they marked consular processing and not adjustment of status on the paperwork (not knowing any better) and thus National Visa Center followed up indicating their relative needed to go back home to get an immigrant visa. Yet another reason to consult or use an attorney from the beginning since this could have been avoided. Now that your mother did go outside the U.S., the 10 year bar should kick in since the day she left the US. I highly recommend getting attorney assistance this time around.

This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

Carl Michael Shusterman

Carl Michael Shusterman


Good answer, Dana!

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