I overstayed my visa for a few years but I'm currently 17. Would it affect a minor differently? If I return back home to apply for a new visa, would I automatically be turned down due to my previous overstay? Are there any other options to get any sort of green card/visa?
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For clarity, where is home and where did you overstay? Which visa?– TravellerMar 10, 2019 at 22:46
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My family came from Mexico and we overstayed in the U.S.– JoseMar 10, 2019 at 22:47
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This is really a question for Expatriates. You should look at the DACA program, but with Trump in charge you might find access to it is limited. Certainly, if you leave the US you'll find it difficult to get a long term visa or green card, and your overstay won't help.– user90371Mar 11, 2019 at 0:31
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3You don't accrue unlawful presence in the US until you turn 18. But if you mean to return to and live in the US legally, we wouldn't be able to help with that. Try our sister site Expatriates.– Michael HamptonMar 11, 2019 at 1:41
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1 Answer
You don't accrue "unlawful presence" while you are under 18 for the purposes of the 3/10-year unlawful presence ban, so if you leave before age 18.5, you won't have a ban, so you won't be "automatically" denied a visa. But not having a ban doesn't mean you will get a visa. Even if you didn't have a ban, you would still be very likely to be denied a nonimmigrant visa like a visitor visa, because your long overstay makes it hard to convince the officer that you don't intend to immigrate.
answered Mar 11, 2019 at 6:13
