Penalty for un-lawfully present - less than 6 months

nick_s

Registered Users (C)
I know that if someone un-lawfully present between 6-12 months, one will be ban for 3 years and 10 years for more than 12 months. But, there isn't any penalty if its for less than 6 months. The issue is: although there isn't any penalty (in the case of un-lawfully present for less than 6 months), but, if someone was ever un-lawfully present (regardless for how long), it will be extremely difficult (if not impossible) to get visa (lets say B1/B2) in the future.

My questions (or confirmation):
1. Although there isn't any "tangible" penalty if someone un-lawfully present for less than 6 months but, there will be "intangible" penalty in which that a visa application (lets say B1/B2) will be denied if that person is applying sometime in the future . Am I correct?
2. Although point no. 1 is what will happen, but, is there differences if one is applying for non-immigrant visa other than B1/B2 visa (H1B for example).
 
A1: Future visa approvals may become difficult with a history of one overstay.
A2: All NIVs may carry that risk.

1. Although there isn't any "tangible" penalty if someone un-lawfully present for less than 6 months but, there will be "intangible" penalty in which that a visa application (lets say B1/B2) will be denied if that person is applying sometime in the future . Am I correct?
2. Although point no. 1 is what will happen, but, is there differences if one is applying for non-immigrant visa other than B1/B2 visa (H1B for example).
 
Top