my friend's overstayed was less than 180 days but he got voluntary departure can he re enter in usa

[snehat]

Here is my case
My friend was on student visa and he has valid I-20 and degrees for his last semester but he was late by few days for filling I-94 extension and it went in as a case and took 5 months to judgment , he was graduate by then, he was assign an officer who arranged for legal documents and make sure he leave the country on the date and time he gave, his overstayed was less than 180 days , there is no intention for staying illegally it was just a technical mistake, does any bar applies to him? can he apply for travel visa or business visa?

Appreciate for your help
Thanks

 

[bahamas68]

He is barred for three years.

 

[BigJoe5]

He is barred for three years.

The above is incomplete information.


see INA 212 (a) (9)

(B) Aliens unlawfully present

(i) In general

Any alien (other than an alien lawfully admitted for
permanent residence) who--
(I) was unlawfully present in the United States for
a period of more than 180 days but less than 1 year,
voluntarily departed the United States (whether or not
pursuant to section 1254a(e) \2\ of this title) prior to
the commencement of proceedings under section 1225(b)(1)
of this title or section 1229a of this title, and again
seeks admission within 3 years of the date of such
alien's departure or removal, or
*********
(iv) Tolling for good cause

In the case of an alien who--

(I) has been lawfully admitted or paroled into the
United States,

(II) has filed a nonfrivolous application for a
change or extension of status before the date of [This would be the one that probably applies to situation you describe.]
expiration of the period of stay authorized by the
Attorney General,and

(III) has not been employed without authorization in
the United States before or during the pendency of such
application,

the calculation of the period of time specified in clause
(i)(I) shall be tolled during the pendency of such
application, but not to exceed 120 days.

(v) Waiver

The Attorney General has sole discretion to waive clause
(i) in the case of an immigrant who is the spouse or son or
daughter of a United States citizen or of an alien lawfully
admitted for permanent residence, if it is established to
the satisfaction of the Attorney General that the refusal of
admission to such immigrant alien would result in extreme
hardship to the citizen or lawfully resident spouse or
parent of such alien. No court shall have jurisdiction to
review a decision or action by the Attorney General
regarding a waiver under this clause.

 

[bahamas68]

Of course there are ifs ands or buts. However for all practical purposes he is barred for three years.