Can I go back to visit US after overstaying as a child?
My parents and I went to the US in 2010, when I was 14 years old. In 2013, when I was 17 years old, we went back to our country. We had a B2 visa. Therefore, I overstayed for more than 2 years. However, I was underage when I left the US. There is an immigrant law that says:
212(a)(9)(B) ALIENS UNLAWFULLY PRESENT (iii) Exceptions (I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States.
Given that, I did not receive the ten-year bar. Today, 4 years later, I want to go back there to visit the country. I have the B2 visa still valid, enough money and a great job. Should I had any issue trying to enter the US? Do you think I should try to enter the US with the same visa or should I try a new one?
Best Answer
How a Visa Overstay Affects a Minor
When a minor overstays a nonimmigrant visa, even if for only a few weeks, he or she can expect, just like all other visa holders must, that the visa will be automatically voided.
Therefore you must get a new visa.
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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.How does the US know if you overstay?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.What is the penalty for overstaying in USA?
a. The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.Who is eligible to adjust status even after a visa overstay?
Conclusion. If your relative is an immediate relative (spouse, unmarried minor child, or parent of a U.S. citizen) who is currently in the United States with a visa overstay, you can generally file Form I-130 as long it is filed concurrently with Form I-485, Application to Adjust Status.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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Answer 2
The following is my understanding based on other posts on this site. If there are errors in it please point them out.
In the USA there is a distinction between overstaying and unlawful presence. Most but not all overstays also entail unlawful presence. In particular as a minor you overstayed but did not accrue unlawful presence. This is important because automatic bans from the USA are based on unlawful presence. So you probably don't have a ban from the USA.
OTOH your visa is almost certainly void despite appearing valid. The USA voids visas for people who overstay, even minors.
So you should apply for a new visa. You should be honest about your overstay in your application. If you get caught lying then your chances of ever entering the USA again will be very low.
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