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cloclo2

Previous Overstay (As a minor)

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My fiance (beneficiary we'll be applying for K1) went to the US on a B2 tourist visa in 1996. He didn't leave until 2003. So obviously well over the 365 days which would qualify him for a 10 year ban. HOWEVER, he was under 18 at the time. He left the US in 2003 when he was 16 years old. He left on his own accord.

I found the minor exception via: http://www.state.gov/documents/organization/87035.pdf

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).

So it seems like that clears him of the 10 year ban. Does anyone know if we will still have to apply for some sort of waiver? And at what point in the game would that be?

I am praying this isn't the case because we already have so much extra paperwork with his freakin' past. :bonk:


12/27/12 - Married in Bamako, Mali

11/12/13 - I-130 package sent

11/15/13 - NOA1

05/27/14 - NOA2

06/16/14 - Case received NVC

07/01/14 - Case number assigned

07/21/14 - DS-261 completed

07/25/14 - AOS bill paid

07/30/2014 - AOS package sent

08/18/2014 - add-on AOS package sent (learned that I should have sent 2 separate I-864s even though the cases are joined...oops!)

09/19/2014 - IV bill paid

09/26/2014 - AOS checklist received

11/09/2014 - DS 260 completed online

12/22/2014 - AOS checklist package and IV documents scan date

03/02/2015 - Case Complete!!! (70 days)

04/02/2015 - Interview in Dakar (221g - Needed to verify a court document)

04/21/2015- Visas in hand!!

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Minor's don't accrue overstay, as long as they left prior to 180 days after their 18th birthday the have no ban. No waiver is required.

Edited by Bob 4 Anna

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No waiver is necessary, he will, of course, need to disclose the overstay

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Oh thank God! Thank you VJers. I was really starting to get worried.

That is such a relief. He will of course be honest about this. But I believe this doesn't get "revealed" until later at the embassy with the DS-156 and the question about violating the terms of a previous visa, am I correct on this? I haven't seen it anywhere else.


12/27/12 - Married in Bamako, Mali

11/12/13 - I-130 package sent

11/15/13 - NOA1

05/27/14 - NOA2

06/16/14 - Case received NVC

07/01/14 - Case number assigned

07/21/14 - DS-261 completed

07/25/14 - AOS bill paid

07/30/2014 - AOS package sent

08/18/2014 - add-on AOS package sent (learned that I should have sent 2 separate I-864s even though the cases are joined...oops!)

09/19/2014 - IV bill paid

09/26/2014 - AOS checklist received

11/09/2014 - DS 260 completed online

12/22/2014 - AOS checklist package and IV documents scan date

03/02/2015 - Case Complete!!! (70 days)

04/02/2015 - Interview in Dakar (221g - Needed to verify a court document)

04/21/2015- Visas in hand!!

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Still . . . keep this in mind: while no automatic waiver was triggered, the consular officers have a bunch of discretion when it comes to signing off on visas . . . or not. The issue will surely be addressed during the interview, so he needs to be prepared to answer some questions in this regard that won't make him look like a bad guy.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Still . . . keep this in mind: while no automatic waiver was triggered, the consular officers have a bunch of discretion when it comes to signing off on visas . . . or not. The issue will surely be addressed during the interview, so he needs to be prepared to answer some questions in this regard that won't make him look like a bad guy.

I agree with Bob, and it might not hurt to burn a copy of the page you referred to so its in your packet and have one in his pocket when he goes to interview as well. What Embassy will you go through?

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We are either going to Dakar, Senegal or Abidjan, Cote d'Ivoire (still trying to figure that one out)

But yeah, I'll definitely print of a copy of that link. Plus we have copies of his passport stamps showing when he arrived back in Ivory Coast (although they don't stamp upon leaving the US so that kind of sucks, it would've been nice to have an "exit" stamp.


12/27/12 - Married in Bamako, Mali

11/12/13 - I-130 package sent

11/15/13 - NOA1

05/27/14 - NOA2

06/16/14 - Case received NVC

07/01/14 - Case number assigned

07/21/14 - DS-261 completed

07/25/14 - AOS bill paid

07/30/2014 - AOS package sent

08/18/2014 - add-on AOS package sent (learned that I should have sent 2 separate I-864s even though the cases are joined...oops!)

09/19/2014 - IV bill paid

09/26/2014 - AOS checklist received

11/09/2014 - DS 260 completed online

12/22/2014 - AOS checklist package and IV documents scan date

03/02/2015 - Case Complete!!! (70 days)

04/02/2015 - Interview in Dakar (221g - Needed to verify a court document)

04/21/2015- Visas in hand!!

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