Will an overstay in India as a child affect future travel?
One of my friend had to move to India during the civil war to India and overstayed there. He left his home country when he was 10 and came back after his degree. I am sure he did not intentionally overstay as he was minor and there was civil war. He came back to his country and obtained a new passport and he has travelled to 4 countries 12 times with the new passport and it's been 7 years he obtained the new passport. The new passport does not have any information about the old passport.
Now he is around 30, well settled and working in a very good company. All the time he is worried about whether the history will cause any issue to his job or travel . Also if company asks to migrate will there be any issue as there is no history for education except degree. What should he do in order to make sure there won't be issue ever again while traveling? Should he approach a lawyer? Thanks in advance.
Best Answer
As his situation is not standard, getting in touch with an experienced immigration lawyer is likely to be the best. But it needs to be someone who has experience with his kind of situation and the countries involved. Not just the first person who has 'lawyer' on his door.
In principle, overstay as a minor is not counted against the same person as an adult, certainly not if he was a refugee from a war zone at the time. What makes it more complicated is that he stayed till he graduated (which is likely to be after he turned 18, and thus was an adult.) One rule is that the person has left the country while still a minor or shortly after. (And how shortly depends on the country.)
On top of that comes the history of traveling as an adult. If he was never asked, in person or on forms, about a previous overstay or if he answered the full truth about it, that again is not a problem.
But if he has ever lied about his previous (overstay) history, he has made his future travels less straightforward and maybe even impossible. And that is why he needs that lawyer most.
A good lawyer can work with him to sort out most of the problems. But if he lied to immigration officials, there might be a hurdle too high to jump.
Having a new passport does not clear the travel history of a person, that history stays with him for the rest of their life. Having a new passport may make breaking laws and/or lying to immigration officers easier, which may make for a harder clear up period.
It might well be that they can get him cleared for some countries but not for others, or get him cleared for short stays but not for moving to a new country.
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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 happens if you overstay Indian visa?
To put it simply, over staying in India beyond the visa date can lead to fine, an imprisonment of up to 5 years and even banishment from entering the country again. $500 penalty if overstay is for more than a period of 2 years. $400 penalty is overstay is between 91 days to 2 years.What happens if you overstay your visa for 10 years?
What are the consequences of overstaying my visa? You can face removal proceedings (deportation), a 3-year bar, a 10-year bar, or a permanent bar depending on the amount of unlawful presence you have accrued and your conditions.Can you travel if you overstay your visa?
If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years. This is because unlawful presence is one of the many U.S. grounds of inadmissibility, with built-in penalties.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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