Can I return to the United States as a tourist after being there illegally for most of my life, as a minor?
I was born in Brazil and came to the United States at the age of 7, in 2007. I no longer need to live in the United States because I have found success in investing and no longer depend on having a job. I am going to buy property in my home country soon, but I have just turned 18.
Will I ever be able to return to the United States to see my friends and other family members? Even if it is a 30-day visa? And, if so, in the future, am I still eligible for the EB-5 visa? Will I be barred from entry?
Best Answer
Unlawful presence does not accrue for children under 18:
An alien whose unlawful status begins before his or her 18th birthday does not begin to accrue unlawful presence for purposes of section 212(a)(9)(B) of the Act until the day after his or her 18th birthday pursuant to section 212(a)(9)(B)(iii)(I) of the Act.
If you leave before 180 days of unlawful presence, there is no automatic ban. Between 180 days and one year, a three-year ban. Over one year, a ten-year ban. So pack a suitcase now.
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Can you come back to the US after voluntary departure?
A non-citizen who left the U.S. voluntarily and was not legally removed or deported by the U.S. government can apply to reenter the U.S. without filing Form I-212.Can I get a green card if I entered illegally?
If you entered the United States illegally (as opposed to overstaying), you cannot apply for a green card from inside the United States.Can I enter U.S. after 10-year ban?
This 10-year bar is required regardless of whether you have an immediate relative who is a United States citizen. Once 10 years have passed since your date of last departure you may file Form I-212 to seek consent to reapply for admission to the United States.Election 2022: U.S. House of Representatives GOP Primary Debate.
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Answer 2
Legally - yes. Practically - it depends.
As Andrew Lazarus pointed out, you seem to be still all right and would be eligible for a tourist visa. However, given your personal history and family ties, a consulate would consider you a high "no-return" risk. Normally, high risk individuals can demonstrate ties with their native country, but in your case it would be years until your ties to Brazil will outweigh your ties to US.
The above paragraph is specific to a non-immigrant visa, like visitor's or student's. For an immigrant visa (like EB-5), you don't need to show ties, and there is nothing that I see that can disqualify you.
Answer 3
To get a nonimmigrant visa to the US you need to prove that you'll be leaving the country before it expires. That is fairly hard if you were ever in the country illegally.
Having property (especially real-estate) in your home country helps a lot. Family ties help a lot. A steady job helps a lot.
Ultimately it's going to be very hard to get a tourist visa, but it's not impossible unless you have a ban.
Answer 4
This also all depends on whether the United States Government is aware of your presence here in the country illegally. If you have money, and buy property in Brazil, and go home without having ever been caught out for being here illegally, then there is nothing in your record to show, and you can get a non-immigrant visa at any time without a waiver because you won't be banned.
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