Previous Overstay (As a minor)

[cloclo2 3]

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.

[Deputy Purple 1,294]

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 January 24, 2011 by Bob 4 Anna

[canadian_wife 1,791]

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

Good luck

[cloclo2 3]

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.

[Stanley Hermosill 1]

Yes, you should be OK, so long as you left within 180 days AFTER you turned 18 years old. This is the key.

[Brother Hesekiel 2,235]

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.

[Sergi9 110]

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?

[cloclo2 3]

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.