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soreillygronke1

Overstayed visa as a child

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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.

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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.


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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

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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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!


 

 

AOS

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04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
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ROC
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05/17/16 - Received text & email update - Day 07

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05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

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05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

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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!

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No idea since I've never done it.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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