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Gomezant

A Child/Minor was illegally attempted to be brought into U.S. and turned around, now as adult will that be held against him if he tries to enter legally?

By Gomezant in Tourist Visas

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Gomezant Rookie

Gomezant   4

Posted
Timeline
Posted

If a minor (under 10) was tried to be brought into the U.S. illegally by an adult, then caught and turned around, will he, now as an adult, be ineligible to apply legally for a visa? Or will that prior incident be held against the person in consideration of Visa grant?

 

Thanks!

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I do not seen any ban, on what basis are they looking to immigrate?

“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.”

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
4 hours ago, Gomezant said:

A tourist visa.

Sadly you can not immigrate on a tourist visa.

“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.”

TBoneTX Grand Master

TBoneTX   45,498

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

 It's not obvious at all that the person seeks to "immigrate" with use of a tourist visa; the OP asks about "applying legally for a visa" that happens to be a tourist visa.

---

Thread is moved from General Immigration Discussion to the Tourist Visas forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

TBoneTX Grand Master

TBoneTX   45,498

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Anyone here may correct me, but it seems doubtful that an unintended offense as a 10-year-old minor would count against him now.

 

Especially if he, as an adult, has a good travel history (leaving his home country and returning) and has solid ties to his current country that would overcome the default assumption that "every tourist is a potential immigrant," I would think that he would have as good a chance at being granted a tourist visa as anyone else would.

 

If he applies for the tourist visa, let us know the outcome.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

SalishSea Grand Master

SalishSea   17,921

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
1 hour ago, MaxP22 said:

You didn't state what country is he from?

 

Does he have any family in the US? What happened to the adults that were with him when he was a kid and got caught?

I agree, other parameters will impact this.  In particular, whether other adult relatives have overstayed/adjusted.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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