Several questions about my overstayed visa [closed]

I overstayed my visa for a few years but I'm currently 17. Would it affect a minor differently? If I return back home to apply for a new visa, would I automatically be turned down due to my previous overstay? Are there any other options to get any sort of green card/visa?

Best Answer

You don't accrue "unlawful presence" while you are under 18 for the purposes of the 3/10-year unlawful presence ban, so if you leave before age 18.5, you won't have a ban, so you won't be "automatically" denied a visa. But not having a ban doesn't mean you will get a visa. Even if you didn't have a ban, you would still be very likely to be denied a nonimmigrant visa like a visitor visa, because your long overstay makes it hard to convince the officer that you don't intend to immigrate.

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Can my US visa 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.

Can I apply for adjust of status if I overstayed my visa?

Yes, you can apply for a green card if you overstayed a visa. You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing).

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.

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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