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  1. #1
    Join Date
    Aug 2014
    Posts
    3

    Smile Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    I'm a Peruvian citizen but at the age of 10 my mother flew my family and I to California on a tourist visa and we ended up staying there for 9 years. after those 9 years we decided we had enough and flew back to Peru. I heard somewhere that once you leave whilst being an illegal, you won't be able to get a visa to visit for another 10 years (if they even give you the time of day) but I didn't care so I left anyway.
    4 years later I got married to a Dutch citizen who also holds a German citizenship and I live with him in Germany now with a provisional residency (which in 2 years will turns into a permanent one and later on into citizenship) and He has always been very curious about where I grew up in the states and about the stories I tell him so he keeps asking me if it would be possible now (with my German residency) if I could somehow apply for a tourist visa or if I have to wait another 5 years to change my nationality and then fly over. I called the american embassy in Germany (without telling them about my being illegal in the states for 9 years because I am a bit ashamed of it, and they said i should wait until i get my permanent residency and then apply for a tourist visa which sounds fine, but then comes the factor of my being illegal there for a while (and i left at my own will).
    what do you guys think? what could be my better choice to visiting the states in the future? it's been 4 years since I left the states. and btw, we have absolutely no plan on staying there.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    When you say you stayed another 9 years, do you mean that you moved back to Peru before or after your nineteenth birthday? You started to accrue unlawful presence when you turned 18, so it's an important question.

  3. #3
    Join Date
    Aug 2014
    Posts
    3

    Default Re: Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    I left some months after i turned 18. At the airport as i left they asked me why I was leaving and i said i'm leaving because i don't enjoy being illegal and they let me on the plane and i left

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    As Mr. K says you don't accrue unauthorized presence until you turn 18, so if "some months" is less than 12, you're fine.
    If "some months" is even one day more than 12 months, you'll be subject to the ban.

  5. #5
    Join Date
    Aug 2014
    Posts
    3

    Default Re: Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    - - - Updated - - -

    Quote Quoting flyingron
    View Post
    As Mr. K says you don't accrue unauthorized presence until you turn 18, so if "some months" is less than 12, you're fine.
    If "some months" is even one day more than 12 months, you'll be subject to the ban.
    I left some months AFTER i turned 18. I got out of high school and I left. I was told that at 17 i would need some sort of permission from my parents to leave so I waited until I was 18 to leave at my own will
    ps. what type of ban are we talking about and is it for life?

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    Quote Quoting eli93
    View Post
    - - - Updated - - -

    I left some months AFTER i turned 18. I got out of high school and I left. I was told that at 17 i would need some sort of permission from my parents to leave so I waited until I was 18 to leave at my own will
    ps. what type of ban are we talking about and is it for life?
    Its a 10 year ban I believe, but I believe that ban is only after you have overstayed for 12 months.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    At 180 days it is 3 years. So it appears you are eligible to apply.

  8. #8
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    But you are not guaranteed a visa even if you are not banned due to your overstay.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Overstay on a Tourist Visa as a Minor, Extending Into Adulthood

    You haven't yet answered the question. How many days after you turned 18 did you leave? "Some months" is not precise enough to give you an answer.

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