Here is my story. I went in California when I was 14 years old. I was with my family and I just learn that I overstayed... I had no idea, so I left the country at 19 years old... now its been over 6 years since I was there but i want to go this summer to see my brother and his son. I want to know if I would be forgiven because I was younger then 18 years old or I would be ban for 10 years? :/
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1You went to the US on what visa?– user102008Commented Jan 23, 2016 at 19:15
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4Do the authorities know you overstayed?– Michael LortonCommented Jan 23, 2016 at 19:45
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2@Malvolio: It doesn't really matter if they "know". When you apply for a visa or for an ESTA you are asked whether you have every violated the terms of your visa, and you have to answer truthfully or else it's fraud.– user102008Commented Jan 24, 2016 at 5:46
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@user102008 -- I think we have different definition of the word "really".– Michael LortonCommented Jan 24, 2016 at 9:14
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1 Answer
Under Section 212(a)(9)(B) of the Immigration and Nationality Act, if you overstay in the US, you begin accruing "unlawful presence" after you turn 18 years old.
If you are unlawfully present for six months, you attract a 3 year ban, and if you are unlawfully present for a year, you attract a 10 year ban.
Based on the information you've given, it appears you remained in the US for more than 1 year after your 18th birthday, and therefore would be banned for 10 years.
It is possible to get a waiver from the ban in only a very few circumstances; you would need to be able to prove that you have a spouse, parent or child who is a US citizen or permanent resident and would suffer extreme hardship if you were not to return.
answered Jan 23, 2016 at 17:14
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only hardship to spouse or parent qualify, not to child Commented Jan 23, 2016 at 19:13
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2Also, "overstay" is not a well-defined term. Only certain things trigger "unlawful presence" to start accruing. It is not clear from the description that they hit one of these things. Commented Jan 24, 2016 at 2:25