Legal Question in Immigration Law in California

How can I know for sure that I am under a 10 year ban from the U.S.? I applied for OPT, received a EAD card but could not find a job and ended up volunteering for many places (food banks, animal shelter, etc.) that are not directly related to my major (Biochemistry). The EAD card expired on 08/07 last year. I am applying to pharmacy school and will have saved up 450 hours of volunteering that I believe will tremendously help me be admitted by the time I plan to leave the US on 04/29 this year. I know you wouldnt believe me but I just found out about the 10 year bar this morning accidentally. I am so heartbroken and devastated right now. I should have known better, but what are my options? Thanks in advance!

Asked on 2/05/14, 12:48 am

Marlene Hemmings Marlene Hemmings, Attorney at Law

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The bar to re-entry applies 180 days after a person's legal status in the U.S. expires. It is triggered once the person leaves the U.S.

If a person overstays for 180-364 days, they are barred from re-entry for 3 years. If they overstay 365 days or more, they are barred for 10 years.

I hope that information helps.

Answered on 2/05/14, 1:51 pm

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