Previous stay in the country as a minor

[Kath15 0]

My fiancé was brought to the US with a visitor visa when he was 8. He never went back to his previous home in Mexico during his stay. He turned 18 while he was in his last year of high school and moved back to Mexico as soon as he graduated realizing he couldn't do much without a legal permit to stay. We are now both 20 and living in Mexico but want to move back to the US to get married. Will the few months that he spent finishing high school after he turned 18 affect him in any way during the visa or green card process? Or will the fact that he was still in high school be substantial enough? Thank you in advance!

[Penguin_ie 5,986]

How long is "a few months"?

If it is over 6 months then yes, it will affect him- he will have a ban. If it is less than 6 months, they will ask him about it but he has a good reason- finishing school- and it should not be a major issue.

[Kath15 0]

Thank you the info. Yes, it was more than 6 months. His birthday is in October and graduated high school in June. A ban?

[Penguin_ie 5,986]

Because he overstayed more than 6 months, but less than a year after his 18th birthday, he has a 3 year ban from the day he left the country, so he has about another1.5 years on that. You could time your petition so it's over by the time he has his visa interview- ie send in the I-129F paperwork in a year or so. That would be the easiest option. Or petition him now, he will be denied at interview, but can apply for a waiver. If approved, and there is a good chance of approval, this is the fastest option. If not approved, you'd need to petition him again after the ban is over.