What if a prior visa overstay or misrepresentation is discovered during consular processing?

If a prior overstay or immigration violation is identified, the consular officer will determine whether a ground of inadmissibility applies. Certain overstays may trigger three- or ten-year bars, depending on the length of unlawful presence. In some situations, a waiver may be available if the applicant can demonstrate extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative.