Overstayed as a minor, Will I get my ESTA approved?
I'm currently planning on traveling to the U.S this summer for about 10 days but I have a few issues.
I overstayed in the U.S for over 180 days however, I was underage at the time. I moved back to S.Korea when I was 13~ 14 and I've been living here ever since. I'm now 18 and I'm wondering if I still get the penalty for overstaying in the U.S for over 180 days even if I was a minor. If not am I eligible to apply for an ESTA? or is there a chance I get declined because I overstayed? If I do somehow get an ESTA is there a high chance I get deported when I go through immigration?
Best Answer
I'm now 18 and I'm wondering if I still get the penalty for overstaying in the U.S for over 180 days even if I was a minor.
The accumulation of unlawful presence for determining statutory inadmissibility does not include periods of overstay when one is a minor. See 8 USC 1182(a)(9)(B)(III)(I):
(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 under clause (i).
If not am I eligible to apply for an ESTA?
You are eligible to apply.
or is there a chance I get declined because I overstayed?
There is that chance.
If I do somehow get an ESTA is there a high chance I get deported when I go through immigration?
No. If you get an ESTA after answering all the questions truthfully, you can use it, and you're unlikely to be refused entry for this reason. If the ESTA is refused, you can apply for a visa (provided the consulate is accepting such applications), which will probably not be refused simply because of the overstay. You should, however, be prepared to show that you did not overstay voluntarily, because you were a child, and that you have a solid reason for going back to Korea. If you don't have a clear reason to return, your visa application is more likely to be refused.
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Can I apply for ESTA if I overstayed?
Re-application for ESTA is required if it is expired by the time of your re-visit to the U.S. For more information of ESTA expiration date and re-application, check \u201cESTA re-application and expiration date\u201d. A visa, on the other hand, is valid for 10 years.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 reasons would an ESTA be denied?
The most common reasons for rejection of ESTA application In the past, overstayed when visited the US. In the past, worked without required VISA and pointed out from authorities when visited the US. In the past, rejected the entry to the US for some reasons. In the past, deported for some reasons after staying the US.Can an 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 is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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