Jump to content
Sign in to follow this  
Bella91

Travel visa

13 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Nepal
Timeline

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


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

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. 

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

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.

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Russia
Timeline

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!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Morocco
Timeline

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,

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Russia
Timeline
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 by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites
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 by SusieQQQ

Share this post


Link to post
Share on other sites
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 by SusieQQQ

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...