10 year ban F-1 Visa Overstay

[Wally G! 58]

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

[Brother Hesekiel 2,235]

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.

[Wally G! 58]

"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!!!

Thank You Again!!

[jaycali 415]

"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 March 26, 2012 by jhsm85