I am from the Turks and Caicos island but when I was 15 my mom and dad sent me to the USA and I overstayed there for 10 months....im 19 years old now...after how many years am I able to return to the USA to visit?

  • "overstayed there for ten months": how long did you stay altogether?
    – phoog
    Apr 15, 2020 at 13:54

1 Answer 1


You do not have to wait any time before returning to the United States.

In order to be banned from entering the US for a period of time, you must accrue unlawful presence. The length of the ban varies depending on how much unlawful presence you accrued, i.e. how long you overstayed.

However, there is an exception: Minors under the age of 18 cannot accrue unlawful presence. Because your overstay happened entirely when you were under 18, it will not be held against you to bar you from entering.

You may still need to explain the circumstances when applying for a visa or to the immigration officer. So you should not say you never overstayed, but that you overstayed when you were under 18 (and possibly why your parents did this, if you know).

  • 11
    "Minors under the age of 18 cannot accrue unlawful presence." To be more precise, people under 18 do not accrue "unlawful presence" for the purposes of the INA 212(a)(9)(B) ban (the ban for accruing 180 days/1 year of unlawful presence and then leaving) which is the one the OP is worried about. However, people under 18 do accrue "unlawful presence" for the purposes of the INA 212(a)(9)(C) ban (the ban for accruing 1 year of unlawful presence or being deported and then trying to enter illegally again).
    – user102008
    Apr 14, 2020 at 17:11
  • 9
    @user102008 This is true. But as the OP hasn't been previously ordered removed from the US by an immigration judge, and is not trying to enter illegally, it doesn't really apply to her. It may apply to someone else who reads this though. Apr 14, 2020 at 18:09
  • 1
    We aren't completely certain that the entire overstay was before age 18, depending on the person's status. Some statuses come with an initial two-year period of admission, so (even without extending the status) if the admission was less than six months before the 17th birthday, the traveler would have triggered the three year ban. Also, to be precise, there are other bans that may arise for reasons that have nothing to do with overstaying.
    – phoog
    Apr 15, 2020 at 13:46

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