Can I go back to USA if I entered at the age of 14 years old but overstaid my visa and left at 19 years old?
Here is my story. I went in California when I was 14 years old. I was with my family and I just learn that I overstayed... I had no idea, so I left the country at 19 years old... now its been over 6 years since I was there but i want to go this summer to see my brother and his son. I want to know if I would be forgiven because I was younger then 18 years old or I would be ban for 10 years? :/
Best Answer
Under Section 212(a)(9)(B) of the Immigration and Nationality Act, if you overstay in the US, you begin accruing "unlawful presence" after you turn 18 years old.
If you are unlawfully present for six months, you attract a 3 year ban, and if you are unlawfully present for a year, you attract a 10 year ban.
Based on the information you've given, it appears you remained in the US for more than 1 year after your 18th birthday, and therefore would be banned for 10 years.
It is possible to get a waiver from the ban in only a very few circumstances; you would need to be able to prove that you have a spouse, parent or child who is a US citizen or permanent resident and would suffer extreme hardship if you were not to return.
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Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.Can my US visa overstay be forgiven?
Can my U.S. visa overstay be forgiven? Yes, there are cases where the government will forgive your visa overstay, and you can obtain a waiver.What to do if you have overstayed your visa in USA?
When an individual overstays their US visa, there are a few very important steps to take:How long do you have to leave the US before returning?
There is no set period you must remain outside the USA before returning but: "When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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