Applying for a B2 cohabitating visa with previous overstay as a minor
I'm hoping to get some insight as to what the outcome of my B2 cohabitating visa application may be.
When I was a child my parents overstayed on a B1/B2 visa from (2001-2009) - as far as I'm aware we did return to our home country for a period of time.
In 2009 at the age of 16 I returned to my home country in the UK.
Since our overstay I have travelled to the US on an ESTA Visa on 2 separate occasions, no questions asked.
That being said, I am now applying for a B2 co-habitating visa to accompany my partner on a move to Baltimore for work.
Will the embassy question the overstay? If so, will they be willing to overlook as I was a child? Unfortunately my father has passed away so it is a very grey area why we had overstayed in the first place.
Best Answer
http://www.state.gov/documents/organization/87120.pdf
Any period of time that an alien spends unlawfully in the United States while under the age of 18 would not count toward calculating the accrual of unlawful presence for purposes of INA 212(a)(9)(B).
While your overstay does cancel your visa at the time unlike an adult you are not banned for 3/10 years because of this. That's why you also got an ESTA. You will have no problems from the overstay.
You can check the relevant Section 212(a)(9)(B) of the Immigration and Nationality Act as well, it says the same.
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