How likely is a successful appeal

TexAg

New Member
How likely is a successful appeal?

I have a new employee I have hired in Malaysia. Last weekend, he was coming here for a first visit to the HQ in Houston. He was detained and deported in Newark. The reason given was that he overstayed a visa in 1999 (by a few weeks).

He has since that time been in the US at least 2 times with no problem (on that same passport). The passport he used this time was new, the old one having expired. He brought the expired passport with him, I believe, because the visa in it was good until April of this year.

He was given a notice that he is barred for 5 years.

How likely is it that he can successfully appeal to the AG for reapplication, and get a new visa?
 
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I have a new employee I have hired in Malaysia. Last weekend, he was coming here for a first visit to the HQ in Houston. He was detained and deported in Newark. The reason given was that he overstayed a visa in 1999 (by a few weeks).

He has since that time been in the US at least 2 times with no problem (on that same passport). The passport he used this time was new, the old one having expired. He brought the expired passport with him, I believe, because the visa in it was good until April of this year.

He was given a notice that he is barred for 5 years.

How likely is it that he can successfully appeal to the AG for reapplication, and get a new visa?

Not likely. He re-entered after being barred for 5 yrs. Plus he was an overstay!
 
No, he was barred when he tried to re-enter this past weekend. Until that time, he had no indication there was a problem.
 
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