Hi there,

I like to know if i can receive some advice regarding my current situation. I'm 17 years old, turning 18 in October this year. I currently reside in the U.S and I have been living here 14 years without a green card, which means I came here when I was 3. In 2001, my dad filed a i-130 under my aunt who is a U.S citizen, but I know that will take forever, since they didnt even get to our file and the visa cap is in like 1995 or something. No one in my family(father, brother, and my mom who died in the states in 94) have green cards. We came here on a B-2 visa which expired wayyy long ago.

So my question is, I understand that if you overstay u will be banned/barred from the U.S. However, I hear that if you are under 18, it does not apply to me.

I am already accepted into college in the U.S. I was wondering if I can travel back to my home country or maybe even get deported, JUST myself and apply for a F-1 visa in my home country to come back and study here, since it will give me a better chance at getting a green card then just staying here.

Thank you.

Hi enoch,

I think you are correct when you say you were told that any time accumulated out of status before you turn 18 will not be held against you.

This is what is states on the USCIS section about people ineligible to receive a visa....
ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235)(1) or section 240 , and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(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).

Here is the link http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

I do remember reading a Thread where a person was taken to the US as a child and they did not leave prior to their 18th birthday. Their visa was denied, if I remember correctly they were barred for either 3 or 10 years. I think you are very wise in wanting to do the right thing in leaving and then coming back legal. I'm not sure about student visa's or what you have to do to apply for that. I do wish you much luck and hope you can work things out so that you can come back legally and finish your schooling.
Hopefully someone can give you more info on that but this site is for family immigration and not for student visa's
. Good luck
Baileyj

Yes, as Bailey said, someone here in this waiver forum was denied a fiance visa this year because he had been in the USA illegally as a child and did not leave before he was 18. I don't know how old he was.. I would guess 20 something.. .when he had to return to the uk temporarily and then was denied reentry into the USA. Even though he filed a waiver petition he was denied the visa and received a 10 year ban. They said he should have left the USA before he was 18. If you are able to do that you may save yourself alot of problems later on. I don't know if you could sort this out before college starts or not. Can you consult an immigration attorney?

mary

As you are 20 you have a 10 year ban anyway.

A F1 requires amongst other things that you demonstrate non immigrant intent, I am guessing that shall we say this would be difficult.

There is theoretically a waiver for a ban. But your best chance to stay lawfully is to marry a USC and adjust in country.

He said he was 17.

Hmm wouldnt it be nice if people on here actually read the posts before making dumb replys,doh

have you talked to international student advisor (or how they are called) in your new school? how long it could take to get visa?
Do you know requirements for student visa? Can you fulfill them? Try to find students who went through the process of getting student visa in your home country. They may be able to tell you how doable it is...

Fair enough. Must have misread.

Still a non immigrant visa with an overstay record that long is going to be a big ask.

Of course to appply for one you have to leave the country and the only realistic way of getting back in will be with an immigrant visa.

And of course if the OP stays and gets a ban then the immigrant filing will need a waiver.



Thank you for your contribution.

Very helpful.

Don't take it personally Boiler....

ktmman's a d#ck to everyone!

I think hell would freeze over before he comes out with an intelligent fair post..

Thanks for the info.

Well the OP entered into the US legally so under current law the best bet is a USC spouse.

Now what any future 'reform' will bring is anybody's guess.

the whole point was that he was only 3 years old when he entered. he had no control over that and as long as he leaves before he is 18 it is my understanding that he will not have accumulated any overstay time. and at 17 i doubt he is looking for a spouse. he just wanted to know how to fix this so he can attend college in the states.

OP, I sure hope you wouldn't attempt any of this on your own! If ever a case called for some actual legal guidance, this is it.
The only other similar case I followed online was Jerome & Emily at alt.visa.us.marriage-based. His mother snuck him in as an infant and he grew up in the US--didn't find out he was illegal until he was 18. Unfortunately, he waited a bit too long to do something about it. He did have to return to his home country and was fortunate enough to have a USC spouse to hang a waiver application on.

I can't imagine that a student visa would be that simple, or the solution quite that obvious. Sheck with some lawyers and see if they seem to know what they're talking about. Also do check with your Int'l Student Advisor's office. They must've surely come across this before. Just don't be like Jerome and leave it til after you turn 18.

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the whole point was that he was only 3 years old when he entered. he had no control over that and as long as he leaves before he is 18 it is my understanding that he will not have accumulated any overstay time. and at 17 i doubt he is looking for a spouse. he just wanted to know how to fix this so he can attend college in the states.
[/quote]

If he wants to study in the US then he needs a F1 visa.

Or he stays here out of status, he has at least 6 months, maybe 18 months before he triggers a ban, and the ban only relates to entries anyway. So it would only come into play if he leaves, voluntary or otherwise.

A ban will complicate, to say the least, any future legal immigration routes.

A F1 requires amongst other thing evidence of non immigrant intent, he has to show ties to his own country. I am assuming that this might be difficult. He would also need the money to fund his course. Not cheap.

I thought some States allowed illegals to pay in state tuition rates.

Marriage is the best route if he wants to stay and adjust, I can think of no other.

Thank you for your comments I will take them on board and consult my P.R. peep to see if I can improve my personal interface with you truly nice men and women folk on this here helpful and very informative site,once again thank you so much for your input.

I am sure that I can speak for all of us and say it has been our pleasure.

Please do keep us updated on your treatment and progress.

Yeah That PR peep has a hell of a lot of work to do eh??

Ktmman, have you ever heard of the phrase "If you can't say anything productive, then don't say anything at all?"

Get a life and go and play on the motorway........

Let me appolgise to you all,I have been told I have an attitude problem that I need to redress so I am going to have treatment for my complaint so as this means I will have to be admitted to a home for a while, which is unfortunate but it will mean you wont have to put up with my inert ramblings for quite some time so I will leave you now and once again I do appolgise for any upset I have caused to you all on this site,so keep up the good work and when I return I will only ever give helpful and informative advice,toodle pip ya all

Hi.

Can you tell us your country of citizenship? F1 is a non-immigrant visa, and you should consult your country's US embassy for the requirements/eligibilities for F1. It is true that you have to prove family ties in your country that will convince the US consul that you will come back after you finish your schooling and that you are not intending to become an immigrant. If you are intending to be an immigrant, then you should apply for an immigrant visa. I think the safest is just to stay in US. You can consult an immigration lawyer to help you with your case. You don't need to go back to your home country to apply for F1, because you can apply for F1 even if you are in US. I just think that it would be best to sek help from an immigration lawyer. Good luck to you.

im from republic of south korea

I am fairly sure you can nto adjust to a F1 in country, I am certain you can not from out of status.

Unlawfl prescense starts ticking when your 18, BUT if your currently adjusting, the clock is NOT counting against you as long as you don't leave the country while waiting for your I-130-based interview.

One thing to look inot: Visa overstayers can adjust within the US if they are married to a U.S. Citizen. I don't know about aunts. Go to a lawyer, a good one! LAUREL SCOTT is the key.

Definitely speak with a good lawyer - try www.visacentral.net for free online chats on Wednesday mornings and a reasonably priced phone or email consultation - Laurel Scott, the attorney on that site, is a specialist in 601 waivers and is extremely knowledgable and helpful in situations like yours. Also check out immigrate 2 us - a great website focusing on cases like yours.

Good luck!

Another idea that you may want to think about is your Aunt could adopt you while you are still under 18.
Then file a N-600 for you making you a US citizen by birth.

This would make you a natural born US citizen and you could even become President one day is so inclinded.