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• Originating country: Hungary.
• I-94 obtained with initial US entry in later nineties.
• No deportation just left the US sometime in 2007.

Stay beyond the I-94 entry date was at least 8 years. The overstay was due to a well-known shyster lawyer who kept dragging out what he was doing to supposedly permit proper immigration, said the overstay was not an issue, etc. By the time this was realized, it was well into an overstay.

The primary concern is that, in 2013, while living legally in Canada, for some reason Canadian authorities, when he was only updating/confirming his Canadian status in Niagara Falls ON, had him go over to US Immigration in Niagara Falls. There, US Immigration suggested he file an appeal due to their awareness of the shyster lawyer, but he was not admitted to the US (nor was he trying to enter). The suggested appeal was never filed, but anyway, the question being asked in this post is if that interaction with US Immigration somehow re-sets the 10 years. I personally do not think so, but that is why I am trying to find some OFFICIAL source that can identify/verify the actual date the 10 years would be over.

Obviously the US Government has data on this, just where does one get a simple question like a date confirmed?

Knowing the date the US has on file would permit plans to be made, etc.

Would going to the US Embassy in Budapest be of any use?

The hesitancy in even just asking at the Embassy is his fear that somehow that would create added issues.

Also, one does not want to spend money traveling to the US (e.g. next year, 2017) to then get denied entry, especially if the only issue is this 10 year period.

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    It might be helpful to know your nationality and more details about what was that "interim interaction".
    – mts
    Apr 10, 2016 at 14:51
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    Can you provide information about what status you were in in the US the last time? Did you receive an I-94 with an "admit until" date? If so, how long did you stay past that date before leaving the US?
    – user102008
    Apr 10, 2016 at 15:11
  • I over stayed in the US by six months back in 2002 and then entered on the same visitors visa again in 2005. How does the 10 year ban kick in? Were you deported due to your over stay?
    – PSC775
    Apr 10, 2016 at 17:38
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    @PSC775 the 10-year ban comes into play for someone who has accrued a year or more of "unlawful presence" in the US (which is not precisely the same as simply being out of status). There is a three-year ban for someone whose accrued unlawful presence is between 180 days and a year. See americanimmigrationcouncil.org/research/three-and-ten-year-bars.
    – phoog
    Dec 17, 2016 at 15:57

1 Answer 1

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If you have the 10-year ban from accruing 1 year of "unlawful presence" and then leaving the US (there is not enough information in your question to determine whether you had "unlawful presence"; but assuming you did), then the 10 years is from the day you left the US.

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