Is it possible to go back to the U.S.after overstaying as a child?
When I was 3 years old in 1998, my family and I left Mexico and went the United States with a visa. Now this visa was for 10 years but we stayed longer. We were never arrested, we always paid taxes and my dad had a work permit. In 2012, I signed up for an immigrant program for students and was given permission to stay legally in the U.S. under DACA. I was even given a social security number which allowed me to legally work. Everyhing seemed fine.
Unfortunately, I took a dumb decision in 2013, I bought a plane ticket and went back to Mexico. I didn't have permission to leave the country according to the program I was in. I was 17 when I left. My birthday is in October and I left in August.
Now it's been 5 years and I've been wondering about my status and if I would be able to return. What possibilities do I have? Could I restart the process? Or could I at least get a visa to visit friends and family?
Best Answer
Simple answer is yes you can return. Your overstay or unlawful presence as a child is not held against you until you reach 18.
Unlawful Presence and Bars to Admissibility
Unlawful presence is the period of time when you are in the United States without being admitted or paroled or when you are not in a “period of stay authorized by the Secretary.” You may be barred from reentering the United States for:
3 years, if you depart the United States after having accrued more than 180 days but less than 1 year of unlawful presence during a single stay and before the commencement of removal proceedings;
The law also provides exceptions for accrual of unlawful presence to the following individuals:
Minors: Children do not accrue unlawful presence while they are under age 18.
From you timeline you left around your 18th birthday give or take a few months but before your 19th birthday. You either have a 3 year bar from reentry (more than 180 days overstay but less than 365 days) or no bar at all if the overstay was less than 180 days.
Even if you had a 3 year bar, it has already elapsed. You have to apply for a visa like anyone else and answer questions truthfully. Note that although legally you have no bar, the chances of you being approved for a visa are very slim.
You are not eligible for a visa waiver.
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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.What happens if a child overstays their visa?
A Minor Could Be Arrested and Removed From the U.S. on the Basis of an Overstay. A minor who is in the United States beyond the expiration date of a permitted stay under a nonimmigrant visa is at risk of being arrested by the immigration authorities and placed into removal proceedings.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.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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