Legal Question in Immigration Law in Michigan

once someone comes over to usa on a tour visa and overstays more than a year, does the 10 year ban starts counting the year they left usa or the year they entered the usa. For example, if came in 99 and left in 2002. does the 10 year count from 2002 or 99.


Asked on 8/13/10, 9:20 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

It was triggered when they departed the USA.

Also, there could be additional inadmissibility grounds besides the 10-year unlawful presence ban.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. To schedule a consultation or for more information, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 8/18/10, 9:48 am
Caridad Cardinale Pastor & Associates, P.C.

The ten years starts when they left, in this case in 2002. There might be a waiver available depending on the circumstances. You can call us for a free consulation at (248) 619-0065.

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Answered on 8/18/10, 10:19 am


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