An alien who overstayed their non-immigrant visa for more than six months, but less than one year, is subject to a three year bar to future admission. While you may no longer be subject to a bar, the fact that you overstayed will be factor into whether you should be issued another non-immigrant visa. You will likely be viewed as someone who intends to stay longer than authorized or an immigrant. If you have the option of applying for a green card, you may want to seek residence over another non-immigrant visa.

Answer Applies to: New York
Replied: 1/27/2012

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You may or may not be subject to bars against admissibility, but that is an issue that can be examined with more facts. On its face, it appears that you may be subject to the three year bar, as your apparent overstay was 9 or 10 months (more than 180 days of "unlawful status", which is different from the concept of being out-of-status, to trigger the three year bar) and less than I year (that could trigger the ten year bar). There are so many other factors that could or would affect that determination, including the manner of entry (Most Canadian citizens and F-1 students are admitted on I-94 cards or without any I-94 cards and are treated as admitted "D/S", or for "duration of status", and it would take a formal finding of a violation of status to start the "unlawful presence" clock), certain U.S. citizen close relatives who might factor into waiver considerations, and anything that may have been filed on a timely basis to extend your authorized stay in the U.S., even if you had left before that extension was granted.

Answer Applies to: Illinois
Replied: 1/27/2012

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Unclear how many months you overstayed. If you were admitted for 6 months and stayed 10 you only overstayed 4 months and less than 6 months overstat does not count for any ban on return.

Answer Applies to: New York
Replied: 1/26/2012

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Although you may file an application for avisa (you didn't clarify what kind of visa), the fact that you overstayed the last time may have an adverse effect on the approval decision. However, that being said, it can be argued that you did voluntarily leave, so that may be considered in the decision process. The same applies for any greencard applications.

Answer Applies to: New York
Replied: 1/26/2012

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Whatever you apply for, visa or green card, will flag you for a three year bar on re-entering the US. At that point you will need to apply for and obtain a waiver of the bar.

Answer Applies to: Illinois
Replied: 1/26/2012

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If you have overstayed 180 days and departed you will have a three year bar to returning. In some situations a waiver may be an option.

Answer Applies to: Washington
Replied: 1/26/2012

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You appear to be subject to the 3 year bar so after three years outside of the US you can apply for visa now, either immigrant or non-immigrant.

Answer Applies to: California
Replied: 1/26/2012

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You would be subject to the 3 year bar assuming you left or leave the U.S. prior to being out of status for more than 1 year. You can also do a non-immigrant waiver to reenter the U.S.

Answer Applies to: California
Replied: 1/26/2012

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You were bared until June 2011 and are not anymore inadmissible for unlawful presence.

Answer Applies to: California
Replied: 1/26/2012

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You can apply now. You had a three year bar for overstaying over 180 days but under 1 year. Best of luck.

Answer Applies to: Texas
Replied: 1/26/2012

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Additional information, such as the type of visa that you overstayed, is needed in order to assess eligibilities, options and strategies. In general, an adult who overstays his/her visa for more than 180 days but less than a year will be subject to a 3-year bar to re-entering the U.S. (and an overstay of a year or more will result in a very harsh 10-year bar). There are some exceptions and waivers that could apply to these rules under some circumstances, and there is no substitution for a careful analysis by an immigration lawyer.

Answer Applies to: Georgia
Replied: 1/26/2012

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If you overstayed your visa by more than 6 months but less than one year, you are/were subject to a 3 year bar against returning to the U.S. If you left in 2008, then you could potentially receive a visa and residency this year.

Answer Applies to: Tennessee
Replied: 1/26/2012

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You overstayed your lawful status by more than 180, but less than 365 days, so when you left the U.S. you triggered a three year bar to re-entry. That three year period has already passed, so you are eligible to apply for a visa or entry as permanent resident. However, certain categories of nonimmigrant visas may be challenging for you because you're going to have to prove to the consular officer that you wouldn't overstay in the U.S. again and that you intend to return to your home country.

Answer Applies to: Texas
Replied: 1/26/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.