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3 year or 10 year time bar?

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  • 3 year or 10 year time bar?

    My wife's I-94 shows she entered the US with a 10 year B-2 Visa on August 8, 2011 and left on Feb 5, 2013. Whether this overstay subjects her to a 3 year time bar or 10 year is so close to call depending on 1) whether the overstay began at 180 days or 6 months (184 days) after entry, and 2) if the overstay calculation is exactly 1 year which applies? The 3 year I understand as "more than 180 days but less than 1 year", and the 10 year for overstay of "more than one year". Is there a clear, definitive, either way on this based on her history? And will the USCIS likely show any leniency on this point? We now live in Mexico and want to move to the US, but need clarification on this matter. We married 4 years ago in US, during her overstay.
    Last edited by tropicotto; 10-25-2016, 12:02 PM.

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