When is the 10 years officially up for return to US by previous overstay
• Originating country: Hungary.
• I-94 obtained with initial US entry in later nineties.
• No deportation just left the US sometime in 2007.
Stay beyond the I-94 entry date was at least 8 years. The overstay was due to a well-known shyster lawyer who kept dragging out what he was doing to supposedly permit proper immigration, said the overstay was not an issue, etc. By the time this was realized, it was well into an overstay.
The primary concern is that, in 2013, while living legally in Canada, for some reason Canadian authorities, when he was only updating/confirming his Canadian status in Niagara Falls ON, had him go over to US Immigration in Niagara Falls. There, US Immigration suggested he file an appeal due to their awareness of the shyster lawyer, but he was not admitted to the US (nor was he trying to enter). The suggested appeal was never filed, but anyway, the question being asked in this post is if that interaction with US Immigration somehow re-sets the 10 years. I personally do not think so, but that is why I am trying to find some OFFICIAL source that can identify/verify the actual date the 10 years would be over.
Obviously the US Government has data on this, just where does one get a simple question like a date confirmed?
Knowing the date the US has on file would permit plans to be made, etc.
Would going to the US Embassy in Budapest be of any use?
The hesitancy in even just asking at the Embassy is his fear that somehow that would create added issues.
Also, one does not want to spend money traveling to the US (e.g. next year, 2017) to then get denied entry, especially if the only issue is this 10 year period.
Best Answer
If you have the 10-year ban from accruing 1 year of "unlawful presence" and then leaving the US (there is not enough information in your question to determine whether you had "unlawful presence"; but assuming you did), then the 10 years is from the day you left the US.
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What happens if you overstay your visa for 10 years?
What are the consequences of overstaying my visa? You can face removal proceedings (deportation), a 3-year bar, a 10-year bar, or a permanent bar depending on the amount of unlawful presence you have accrued and your conditions.Can you come back to the US if you overstay your visa?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.Can my U.S. visa overstay be forgiven?
If you apply for a green card after a visa overstay, a re-entry bar will significantly lengthen your application process or prevent you from applying altogether. But you may be able to apply for a waiver that legally forgives your overstay so that you can apply for a green card.How long do you have to leave the US before returning?
There is no set period you must remain outside the USA before returning but: "When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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