The length of time you must wait depends primarily on how long you overstayed before departing. If you accrued more than 180 days but less than one year of unlawful presence, you may be subject to a three-year bar from reentering the United States. If the overstay was one year or more, the bar increases to ten years. These bars apply automatically once you depart. Before applying for a new visa, it is important to calculate your unlawful presence accurately and determine whether a waiver might be required. Applying too early without addressing the bar can result in denial.

Voluntary departure does not erase unlawful presence, but it can avoid additional penalties associated with a formal removal order. If a reentry bar applies, you generally must either wait it out or qualify for a waiver based on specific family relationships and hardship standards. Consular officers will review your entire immigration history, not just your most recent stay. Because past overstays can significantly affect future eligibility, seeking professional guidance before submitting a new visa application can help you assess timing, risks, and whether a waiver is realistically available.