My parents and I went to the US in 2010, when I was 14 years old. In 2013, when I was 17 years old, we went back to our country. We had a B2 visa. Therefore, I overstayed for more than 2 years. However, I was underage when I left the US. There is an immigrant law that says:

212(a)(9)(B) ALIENS UNLAWFULLY PRESENT (iii) Exceptions (I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States.

Given that, I did not receive the ten-year bar. Today, 4 years later, I want to go back there to visit the country. I have the B2 visa still valid, enough money and a great job. Should I had any issue trying to enter the US? Do you think I should try to enter the US with the same visa or should I try a new one?


2 Answers 2


How a Visa Overstay Affects a Minor

When a minor overstays a nonimmigrant visa, even if for only a few weeks, he or she can expect, just like all other visa holders must, that the visa will be automatically voided.

Therefore you must get a new visa.

  • 2
    And if there are questions like "Have you ever overstayed" etc., answer them truthfully - having overstayed is fine since you left when you were 17, but lying about it will likely cause you big trouble.
    – gnasher729
    Jan 17, 2017 at 9:11

The following is my understanding based on other posts on this site. If there are errors in it please point them out.

In the USA there is a distinction between overstaying and unlawful presence. Most but not all overstays also entail unlawful presence. In particular as a minor you overstayed but did not accrue unlawful presence. This is important because automatic bans from the USA are based on unlawful presence. So you probably don't have a ban from the USA.

OTOH your visa is almost certainly void despite appearing valid. The USA voids visas for people who overstay, even minors.

So you should apply for a new visa. You should be honest about your overstay in your application. If you get caught lying then your chances of ever entering the USA again will be very low.


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