Is my daughter automatically banned from the USA

[tarnz]

My whole family want to visit Los Angeles next year. My eldest daughter lived there for 4 years, but she was only on a 90 day tourist visa. She left LA last year to return to Australia.

I know this is a 10 year ban.

BUT just to clear things up, I have been told so many different stories where people had done the same thing and were let back in, if her passport wasn't stamped she's fine, if they didn't stop her she's fine (she wasn't deported, if she didn't hand the other half of that slip (sorry not sure what its called) on departing.

But then I have also heard the opposite, that even though no one said a word when they left, the ban must have been automatic because they were refused entry.

I guess what I am asking is, is it automatic? (without any notification) and is there any chance in hell she will be let back in. Also, is there any way around this with legal help?

Or is there a way she can check before flying to LA or will she only know by showing up and getting turned away.

Thanks in advance for your help!

 

[TheRealCanadian]

My eldest daughter lived there for 4 years, but she was only on a 90 day tourist visa. She left LA last year to return to Australia.

If she overstayed by more than 365 days after her 18th birthday, she is subject to the 10-year re-entry bar.

The bar is automatic, and non-discretionary. Re-entering the US while subject to the 10-year bar results in a lifetime bar.