I was born in Brazil and came to the United States at the age of 7, in 2007. I no longer need to live in the United States because I have found success in investing and no longer depend on having a job. I am going to buy property in my home country soon, but I have just turned 18.

Will I ever be able to return to the United States to see my friends and other family members? Even if it is a 30-day visa? And, if so, in the future, am I still eligible for the EB-5 visa? Will I be barred from entry?

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    I would consult with money.stackexchange.com to ask if you really have enough money for life. Your life expectancy is probably another 60 years or more, and a lot can happen in that time, including runaway infatuation which eats up your savings. Personally, I feel you would be making a big mistake. In fact, if you have $1m or more to invest in a US business, creating US jobs, you could probably get a US passport and live off the income from the business.
    – Mawg
    Mar 22, 2018 at 12:42
  • Comments are not for extended discussion; this conversation has been moved to chat.
    – JonathanReez
    Mar 23, 2018 at 20:55
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    Are you still in the United states at the moment? Mar 25, 2018 at 13:49
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    @Mawg Did you mean runaway inflation or are you imagining OP will spend all their money on love affairs?
    – Cubic
    Mar 26, 2018 at 9:15
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    Wow, wtf you guys answer fast. Yes I'm in the USA. I'm just going to go back to Brazil very soon, buy property and move to London since they don't charge any tax on Forex since it's considered "spread-betting". USA, you've been good to me but my time is up. I'm against illegal immigration, but you guys need to pay attention to those who didn't have any choice whatsoever and was brought here at a young age like I was. Grown up all my life didn't realize I was illegal until I tried getting my drivers license like ALL My friends. But lol, both Republicans and Democrats have no brain cells so..
    – Matt
    Mar 27, 2018 at 14:22

4 Answers 4


Unlawful presence does not accrue for children under 18:

An alien whose unlawful status begins before his or her 18th birthday does not begin to accrue unlawful presence for purposes of section 212(a)(9)(B) of the Act until the day after his or her 18th birthday pursuant to section 212(a)(9)(B)(iii)(I) of the Act.

If you leave before 180 days of unlawful presence, there is no automatic ban. Between 180 days and one year, a three-year ban. Over one year, a ten-year ban. So pack a suitcase now.

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    Why would OP need to pack a suitcase now (in italics)? Is there something on the horizon that is bound to change? Mar 22, 2018 at 15:01
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    Because he just turned 18 and the unlawful presence clock started the next day. Mar 22, 2018 at 15:03

Legally - yes. Practically - it depends.

As Andrew Lazarus pointed out, you seem to be still all right and would be eligible for a tourist visa. However, given your personal history and family ties, a consulate would consider you a high "no-return" risk. Normally, high risk individuals can demonstrate ties with their native country, but in your case it would be years until your ties to Brazil will outweigh your ties to US.

The above paragraph is specific to a non-immigrant visa, like visitor's or student's. For an immigrant visa (like EB-5), you don't need to show ties, and there is nothing that I see that can disqualify you.

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    If OP really has as much money as they think they do, they should be able to get an EB-5. Mar 22, 2018 at 18:12
  • If he self-deports, that would look good on his record.
    – corsiKa
    Mar 26, 2018 at 13:59

To get a nonimmigrant visa to the US you need to prove that you'll be leaving the country before it expires. That is fairly hard if you were ever in the country illegally.
Having property (especially real-estate) in your home country helps a lot. Family ties help a lot. A steady job helps a lot.

Ultimately it's going to be very hard to get a tourist visa, but it's not impossible unless you have a ban.

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    Even a ban does not make it impossible, because there is the possibility of receiving a waiver. It's still very hard, certainly harder than for someone without a ban, and rather more expensive: applying for the ban costs $930.
    – phoog
    Mar 22, 2018 at 15:25
  • Yes waivers are expensive and there's almost no ban that can't be waived (misrepresentation can not, as far as I know). But even the waiver might not get you entry, it just removes the ban.
    – xyious
    Mar 22, 2018 at 15:56
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    Applying for a ban should cost way, way less than $930. I wouldn't even expect such a thing to need to be applied for.
    – TOOGAM
    Mar 23, 2018 at 12:34
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    @TOOGAM oops, I obviously meant to say that applying for the waiver costs that much.
    – phoog
    Mar 25, 2018 at 17:17

This also all depends on whether the United States Government is aware of your presence here in the country illegally. If you have money, and buy property in Brazil, and go home without having ever been caught out for being here illegally, then there is nothing in your record to show, and you can get a non-immigrant visa at any time without a waiver because you won't be banned.

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    While this may be true as a practical matter, it involves lying on the application forms. Mar 23, 2018 at 0:55
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    What a terrible idea! If you get caught lying about having unlawful presence, then you will get a more serious ban for misrepresentation. And I consider it likely that they will find out.
    – Thomas
    Mar 23, 2018 at 18:44
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    Does he have unlawful presence though? He just turned 18. Surely he cannot be help account for what his parents had decided until he became adult. So any unlawful presence s from now on. If leaves for Brazil, why can't he claim that the moment he could, he went to his home country? Mar 25, 2018 at 16:14
  • @ypercubeᵀᴹ - In principle you are right. Another answer quotes the relevant laws: if he had left the USA on his 18th birthday (as soon as he was independent of them), he would be OK. Staying in the USA the day after his 18th birthday means his unlawful presence is his responsibility - but he actually gets six months to get out. Mar 26, 2018 at 10:56

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