Jump to content
Sign in to follow this  
Wally G!

10 year ban F-1 Visa Overstay

4 posts in this topic

Recommended Posts

Hi VJ Fam!!

My friend stating his girlfriend was issued a 10 year ban for overstay. She was a student here in United states attending college. She had lost her passport with the visa and I-20. She was able to get a new passport here in the United States but was told she would need to go back to her home country (Japan) to get a new F-1 visa. She took that advice and left. Upon returning she was told by Customs that she overstay and was denied entry. They issued a 10 year ban.

Now I don't know all the details of how long she overstayed or what the reasons she was issue a 10 year ban. I know there are different amount of years for bans, depending on the violations. My friend has left already to go see his girlfriend in Japan. When he gets back. He will fill me in on all the details.

My questions:

What will cause a 10 year ban?

Can not completing your college course cause a 10 year ban?

Can a 10 year ban be overturn?

Anyone experiences this 10 year ban and overcome it or not?

Any advice and guidance would be much appreciated

Thank You

Any advice and guidance would be much appreciated

Thank You


God Does for those who do for themselves..!!

Share this post


Link to post
Share on other sites

Hi VJ Fam!!

My friend stating his girlfriend was issued a 10 year ban for overstay. She was a student here in United states attending college. She had lost her passport with the visa and I-20. She was able to get a new passport here in the United States but was told she would need to go back to her home country (Japan) to get a new F-1 visa. She took that advice and left. Upon returning she was told by Customs that she overstay and was denied entry. They issued a 10 year ban.

Now I don't know all the details of how long she overstayed or what the reasons she was issue a 10 year ban. I know there are different amount of years for bans, depending on the violations. My friend has left already to go see his girlfriend in Japan. When he gets back. He will fill me in on all the details.

My questions:

What will cause a 10 year ban?

Can not completing your college course cause a 10 year ban?

Can a 10 year ban be overturn?

Anyone experiences this 10 year ban and overcome it or not?

Any advice and guidance would be much appreciated

Thank You

Any advice and guidance would be much appreciated

Thank You

"Unlawful presence" of 180 days or over will trigger a 3-year bar.

Unlawful presence of 1 year or longer will trigger a 10-year bar.

It's important to understand the meaning of this.

Basically, the 10-year bar is a period during which there is no way to get any new visa, not even based on a petition from a spouse who is a U.S. citizen. When the bar is served, she can apply for a new visa, but it will be denied, simply because of her history of unlawful presence. Any visa application will be decided upon based on its own merit, and it's generally safe to state that anybody who has been barred from the United States for 10 years will not be able to get another non-immigrant visa to the U.S. again . . . ever. The only way to return after the bar is served is if a qualified family member petitions her for an immigrant visa.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites

"Unlawful presence" of 180 days or over will trigger a 3-year bar.

Unlawful presence of 1 year or longer will trigger a 10-year bar.

It's important to understand the meaning of this.

Basically, the 10-year bar is a period during which there is no way to get any new visa, not even based on a petition from a spouse who is a U.S. citizen. When the bar is served, she can apply for a new visa, but it will be denied, simply because of her history of unlawful presence. Any visa application will be decided upon based on its own merit, and it's generally safe to state that anybody who has been barred from the United States for 10 years will not be able to get another non-immigrant visa to the U.S. again . . . ever. The only way to return after the bar is served is if a qualified family member petitions her for an immigrant visa.

Thank you Brother Hesekiel

I will pass this information on to my friend. He should be returning from Japan this week. I may have some follow up questions.

From what I have read. His girlfriend will need a immigration law to try and clear this up. Hopefully!!! :whistle:

Thank You Again!!


God Does for those who do for themselves..!!

Share this post


Link to post
Share on other sites

"Unlawful presence" of 180 days or over will trigger a 3-year bar.Unlawful presence of 1 year or longer will trigger a 10-year bar.It's important to understand the meaning of this.Basically, the 10-year bar is a period during which there is no way to get any new visa, not even based on a petition from a spouse who is a U.S. citizen. When the bar is served, she can apply for a new visa, but it will be denied, simply because of her history of unlawful presence. Any visa application will be decided upon based on its own merit, and it's generally safe to state that anybody who has been barred from the United States for 10 years will not be able to get another non-immigrant visa to the U.S. again . . . ever. The only way to return after the bar is served is if a qualified family member petitions her for an immigrant visa.

A US citizen spouse or parent can still file an extreme hardship waiver even if the ban is in effect though. Correct?

Edited by jhsm85

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×