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I'm hoping to get some insight as to what the outcome of my B2 cohabitating visa application may be.

When I was a child my parents overstayed on a B1/B2 visa from (2001-2009) - as far as I'm aware we did return to our home country for a period of time.

In 2009 at the age of 16 I returned to my home country in the UK.

Since our overstay I have travelled to the US on an ESTA Visa on 2 separate occasions, no questions asked.

That being said, I am now applying for a B2 co-habitating visa to accompany my partner on a move to Baltimore for work.

Will the embassy question the overstay? If so, will they be willing to overlook as I was a child? Unfortunately my father has passed away so it is a very grey area why we had overstayed in the first place.

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  • I am surprised that you got ESTA. When you applied for ESTA, how did you answer the question about overstaying?
    – user102008
    Commented Apr 6, 2015 at 23:40

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http://www.state.gov/documents/organization/87120.pdf

Any period of time that an alien spends unlawfully in the United States while under the age of 18 would not count toward calculating the accrual of unlawful presence for purposes of INA 212(a)(9)(B).

While your overstay does cancel your visa at the time unlike an adult you are not banned for 3/10 years because of this. That's why you also got an ESTA. You will have no problems from the overstay.

You can check the relevant Section 212(a)(9)(B) of the Immigration and Nationality Act as well, it says the same.

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  • You should disclose it if you are specifically asked, but it should not harm your application. The US Constitution prohibits "corruption of the blood," which means that children (of any age) cannot be held responsible for the acts of their parents. And since you were a minor it's impossible to say that you had any intention to overstay - or even knew what it is!
    – Michael Hampton
    Commented Apr 4, 2015 at 17:26
  • "That's why you also got an ESTA." Do you have any source that says someone who has overstayed can get an ESTA?
    – user102008
    Commented Jun 2, 2015 at 8:02
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    Yes: read the question. "Since our overstay I have travelled to the US on an ESTA Visa on 2 separate occasions no questions asked."
    – user4188
    Commented Jun 2, 2015 at 12:47

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