Overstay more than 180 days trigger a ban, what about less than 180 days?

[slim215]

A friend of mine told me that overstaying for more than 180 days will trigger a ban. Is this true? If banning for entering the country is the consequence for overstaying for more than 180 days, what is the consequences for overstaying less than 180 days?

 

[TheRealCanadian]

A friend of mine told me that overstaying for more than 180 days will trigger a ban. Is this true?

Yes. 180 days of illegal presence triggers a 3-year re-entry bar, and 365 days of illegal presence triggers a 10-year bar.

If banning for entering the country is the consequence for overstaying for more than 180 days, what is the consequences for overstaying less than 180 days?

Automatic cancellation of the visa.

 

[slim215]

Thank you TheRealCanadian for your reply.
What do you mean when you say:"Automatic cancellation of the visa"? When someone overstaying, it means that their visa is already expired (hence the term overstay) thus, there isn't any visa to be canceled, right?

Also, if there isn't any ban for those overstaying for less than 180 days, does it mean they can apply for another visa in the future? Is there a record with USCIS about the overstaying period which then prevent an overstaying alien to get approval of their visa application?

 

[elcupacabras]

Of course they can apply for another visa, but the previous overstay could prove to be a HUGE negative on whether or not another visa will be issued. The interviewing officer will be fully aware of the previous overstay, and so quite possibly refuse another visa due to the abuse of the previous visa (how will the officer be certain that this person would not overstay again?) making it likely that future visa applications will be denied (though this is not always the case).

If someone is over here on the visa waiver program and they overstay by even 1 day, then they can no longer use the VWP for future visits.