California  |  Immigration Law

Legal Question

Asked on: 1/03/10, 8:01 am


Is there such thing as not allowed to apply for a US visa for a foreigner within one year since the departure from USA? The person's condition is not overstaying.

I have heard about 5 years and 10 years ban for overstaying in USA.


3 Answers

Answered on: 1/08/10, 8:22 am by Alice Yardum-Hunter

This is a gray area. It depends on the type of visa and the intentions of the person. Visitors are intended to be in the U.S. for limited purpose and time. If one applies for a visitor visa close in time to departure from the U.S. the person's intention to be here for a limited time and purpose is questionable. On the other hand, visa statuses which permit longer stays can be applied for right away.

For more information, you may contact me directly at 818 609 1953 or

The above is general information not intended as specific advice. An attorney client relationship begins upon written agreement not informational emails such as this.


Alice M. Yardum-Hunter

Certified Specialist, Immigration & Nationalty Law, State Bar of CA

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Answered on: 1/08/10, 8:23 am by Michael Harris

It really depends on what visa classification the foreigner had prior to his last entry. There are some, such as Religious Visas or Visitor Exchange Visas (J-1) which require the person to remain physically outside of the U.S. for around 1 to 2 years. If someone overstays a permitted stay by 6 months, they are barred from seeking admission to the U.S. for 3 years; an overstay of 1 year or more bars the person for 10 years.

For more information, I would consult an experienced immigration attorney.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for a free initial consultation.


Michael A. Harris, Esq.

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800 Brickell Avenue, Suite 701, Miami, Florida 33131

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Answered on: 1/08/10, 10:05 am by Larry L. Doan

There's no 5-year bar for visa overstaying. There are the 3-year (more than six months overstay) and 10-year bar (1 year or more overstay). It depends on what type of visa that person overstayed though. If something like a tourist visa where the I-94 had a definite date of expiration and you overstayed beyond the date by one year or more, then you will be barred for 10 years from receiving a new visa after departure.

If something like a student visa where the I-94 had only duration of status, then you may or may not have been considered an overstay. You should only consult with an immigration attorney in this kind of situation.

Be sure to check out our blog with useful immigration info.

Larry L. Doan (blog)

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