Reentering US after overstaying the visa as a Minor
I have found stories related to mine but I have a very different situation.
My family and I moved to United states in 2004, when I was 9 years old. We overstayed our visas and after 2 years of overstaying, my father filed for political asylum in the States. During this process we received temp work authorization cards, social security numbers, and we were living legally for 6-7 years (my parents paying taxes and all). But, after our last trial at court, the judge denied our case and ordered removal, so we had to leave, 1 year after this order we have left the country voluntarily, I graduated high school in the US and once I graduated I left the country in 2011.
I have been living in my country since then, I graduated from university with a masters diploma, I got married and have 2 kids, have a good job, and a house. After these years I have a lots of nostalgic moments, I have friends in the US that I really want to see, there are places I really want to visit again with my husband, I have no other interest for staying in the US, just want to receive a visa so I can be eligible to travel during vacations.
I applied for b1/b2 visa about 2-3 years ago with my husband, my husband received his visa but mine got denied because of my overstay, a consular officer said I've been barred from entering the US for 10 years and suggested to try in couple years when this 10 year bar is gone.
well now I can't do anything but wait, but my best friend is getting married in October and she really wants me to be her bridesmaid, I was thinking of reapplying for a visa just to try , since now I have 2 kids that I'm leaving here I definitely have strong ties to my country.
Please suggest if I should reapply for visa or what is it that I can do to receive a temp visa?
Best Answer
If you have a ten-year ban then you have a ten-year ban. A ban doesn’t mean much if you can simply reapply so it really means a ban— a ban is a ban. The ban starts the day you leave so if you left in 2011 then it expires in 2021. Keep documentation of when you left for this reason.
The only way to get a visa would be to first have the ban lifted. However, such waivers are extremely difficult to obtain even if you have family legally in the USA such as a spouse or parents. The criteria for immigrant visas for example is “extreme hardship” for your American family members (not hardship for you, I should note) which is a high bar. They certainly won’t waive it for a friend’s wedding.
Ask if your friend can hold the wedding in Canada or Mexico.
Until then, you might see if your ban was improperly applied given your circumstances (criteria here) and consider hiring an immigration lawyer in the USA to try to have the ban overturned or waived. This will take months if not years and a lot of money. With the current administration, you may have more luck just buying lottery tickets.
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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 happens if you overstay your visa waiver in the US?
If the visitor accrues unlawful overstay under the Visa Waiver Program, the visitor will be permanently barred from the program. In order to travel to the United States thereafter, such individuals would have to apply for a visa at the U.S. Embassy and may face with the refusal of their visa application.Can I adjust status if I overstayed my US visa?
You can adjust your status even if you overstayed your visa \u2013 as long as you originally entered the U.S. with a valid visa or visa waiver.What happens if you overstay your student visa in USA?
If you overstayed a student F-1 visa for more than 180 days, you will be barred from returning to the United States for either three or ten years, depending the length of overstay.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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