Travel visa

[Bella91 0]

Hello everyone, I am new to this forum and I am confused about this whole visa process. I will try to explain my situation as best as I can.

 

Currently I am 28 years old living in my country of origin, here I am an English teacher and I am majoring in Foreign Languages. You see, my parents took me to the US when I was 3 years old through a travel visa in July of 1995. My parents made the mistake of overstaying.

 

At the age of 21, I decided to move back to my country of origin (once I had saved up money since I had never been here before) now that I am  28 years old and have been in my country for 7 years, I would like to know if I could apply for a travel visa.

I have no intentions on overstaying, I want to do things the right way, plus I am already adjusted to the lifestyle here.

 

*Additional details: my exit was not registered since we left on vehicle and no documentation was asked for at the border.

[arken 4,197]

While overstaying was not your fault at the time, i think probability of getting the visitor visa is almost nil.

[SteveInBostonI130 3,319]

Hello,

 

I am assuming that your parents took you to the US when you were 3 and stayed in the US?  You were in the US until you turned 21, when you went to your current country?

 

It would be helpful to get more information. 

[Bella91 0]

I came back at the age of 21, I have been in my country for 7 years.

[Bella91 0]

9 minutes ago, SteveInBostonI130 said:

Hello,

 

I am assuming that your parents took you to the US when you were 3 and stayed in the US?  You were in the US until you turned 21, when you went to your current country?

 

It would be helpful to get more information. 

I came back at the age of 21, I have been in my country for 7 years.

 

• 9 minutes ago, SteveInBostonI130 said:

  Hello,

   

  I am assuming that your parents took you to the US when you were 3 and stayed in the US?  You were in the US until you turned 21, when you went to your current country?

   

  It would be helpful to get more information. 

[SteveInBostonI130 3,319]

Hi,

 

I meant more information like were you documented in the US?   SSN or alien number?  School records?  Do your parents still live in the US?

 

One of the things you have to show for a tourist visa is strong ties to your home country.  If you have ties in the US, that would count against you when they evaluate your application.

 

[Dashinka 23,235]

I believe since you have at least a year overstay after you turned 18, you would have a 10 year bar (I don’t believe time prior to turning 18 counts).  Therefore, it is up to you,  it if a 10 yr bar is in place, applying for a B2 seems a little pointless right now.

 

Good Luck!

[Boiler 43,428]

Correct you have a 10 year ban for overstaying, pre 18 does not count.

 

So can you apply, yes, if they find that you are otherwise approvable they will need to submit a waiver application, a D3, which will add a bit of time. Obviously nothing is happening now with the the Consulates closed.

[Bella91 0]

29 minutes ago, SteveInBostonI130 said:

Hi,

 

I meant more information like were you documented in the US?   SSN or alien number?  School records?  Do your parents still live in the US?

 

One of the things you have to show for a tourist visa is strong ties to your home country.  If you have ties in the US, that would count against you when they evaluate your application.

 

No, I was not documented. Just school records, I graduated when I was 18 years old. My parents are in their country of origin as well.

[JeanneAdil 6,191]

According to USCIS the ban starts the day she departed not at age 18

 

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim#0-0-0-202

(B) Aliens unlawfully present

(i) In general

Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 1254a(e) ³ of this title) prior to the commencement of proceedings under section 1225(b)(1) of this title or section 1229a of this title, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,

[Dashinka 23,235]

1 hour ago, JeanneAdil said:

According to USCIS the ban starts the day she departed not at age 18

 

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim#0-0-0-202

(B) Aliens unlawfully present

(i) In general

Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 1254a(e) ³ of this title) prior to the commencement of proceedings under section 1225(b)(1) of this title or section 1229a of this title, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,

I agree, the bar started when she departed, but the unlawful presence is counted from when she turned 18, so if she had left prior to turning 18, there would be no bar.  In the case of the OP she left when she was 21, so she has three plus years of unlawful presence, and she is only about seven years into the 10 year bar.

Edited April 29, 2020 by Dashinka

[SusieQQQ 11,584]

2 hours ago, Dashinka said:

I believe since you have at least a year overstay after you turned 18, you would have a 10 year bar (I don’t believe time prior to turning 18 counts).  Therefore, it is up to you,  it if a 10 yr bar is in place, applying for a B2 seems a little pointless right now.

 

Good Luck!

 

2 hours ago, Boiler said:

Correct you have a 10 year ban for overstaying, pre 18 does not count.

 

So can you apply, yes, if they find that you are otherwise approvable they will need to submit a waiver application, a D3, which will add a bit of time. Obviously nothing is happening now with the the Consulates closed.

 

2 hours ago, JeanneAdil said:

According to USCIS the ban starts the day she departed not at age 18

 

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim#0-0-0-202

(B) Aliens unlawfully present

(i) In general

Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 1254a(e) ³ of this title) prior to the commencement of proceedings under section 1225(b)(1) of this title or section 1229a of this title, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,

 

13 minutes ago, Dashinka said:

I agree, the bar started when she departed, but the unlawful presence is counted from when she turned 18, so if she had left prior to turning 18, there would be no bar.  In the case of the OP she left when she was 21, so she has three plus years of unlawful presence, and she is only about seven years into the 10 year bar.

This information was all substantively provided to the poster earlier in a different forum FYI, I guess she wanted it corroborated. 

Edited April 29, 2020 by SusieQQQ

[SusieQQQ 11,584]

4 hours ago, arken said:

While overstaying was not your fault at the time, i think probability of getting the visitor visa is almost nil.

The law considers any overstay past the age of 18 to be her fault, unfortunately. It is overstay as a minor that is not held against her.

Edited April 29, 2020 by SusieQQQ