Travel Concerns for 3-Year or 10-Year Bar on Reentry to the U.S.

Help Desk: 

I entered U.S. with a B-1 visa about 3 years ago. Now, I am out of status and my I-94 is on longer valid, but I still have a valid passport from my country. Is it true that if I travel to other country, such as Canada, I will have a problem to enter US, and there is a 10-Year bar on reentry to the U.S.?

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Answer:

With respect to travel, persons who have been unlawfully present in the U.S. for more than 180 days are barred from reentering the U.S. for three years following departure, and this increases to a ten-year bar for individuals who are unlawfully present for over a year.

Unlawful presence is measured from the time when either the I-94 expires, or there is a finding that one is out of status. Thus, without a valid I-94 for over 180 days, there is a three-year or ten-year bar to your reentering the U.S., if you travel abroad. 

 

 

 

 

 

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