Jump to content
soreillygronke1

Overstayed visa as a child

6 posts in this topic

Recommended Posts

Hello,

My husband overstayed his tourist visa when he was a kid. His family moved to the US when he was 4 years old and didn't move back until he was 8. His passport though says he was only there for 12 days. I don't know what we should say. I know he was under 18 so it gets cancelled out but I still am nervous. I put on the DS-260 that he hasn't overstayed a visa but I don't know if that was the right.

Here is the question.

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

I put no because it happened over 15 years ago and as I said was underage. I don't know if anyone knows the legal/correct answer that is needed. Any help would be appreciated.

Share this post


Link to post
Share on other sites

The correct answer was "Yes" he did over stay a visa as it was a visa in his name even though he was a child.

The fact he was under 18, well under 18 by what you put, that overstay would be forgiven and he would not deal with any sort of ban.

Always be upfront and honest on forms. Lying on forms, regardless if he would be held accountable or not for an overstay, can cause worse problems for him now.

Share this post


Link to post
Share on other sites

The answer needs to be Yes, because that's the truth. Answering No would be a lie, and a crime (the form states that your answers must be true under penalty of perjury).

Minors incur no overstay until they turn 18, so even if he overstayed 10 minutes, 10 years, or until the day before his 18th birthday, it makes no difference as to his future visa eligibility.

Amend the form, this time answering truthfully.

Edited by Hypnos

Share this post


Link to post
Share on other sites

Please interpret the questions literally and answer honestly. It does not say "Have you ever been unlawfully present more than 15 years ago as a minor...". Do not put your own conditions on the question or answer it untruthfully. The consequences of misrepresentation are terrible. Good luck!

Share this post


Link to post
Share on other sites

Thank you for the help.

Hypnos you said I should amend the form. Do I just log onto where the DS-260 and change the answer or is there a different process? We are still waiting to hear back from the NVC on our interview date so I hope there is still time!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×