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Did I overstay in the US as a minor?

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  • Did I overstay in the US as a minor?

    Hello, I'm a 19yr old male who used to live in the US from Aug 2006 to April 2009 before I came to Ireland. I'm planning on applying for my ESTA on an Irish passport and just want to know if there's a possibility that I might be declined the visa.

    I entered the US by plane with my mother on Aug 2006 with a H4 visa to join my father who was working there. Our visas were issued in May 2006 but expired in May 2011. By that time, we were already living in Ireland (left 2 years prior in April 09') so everything seemed to be okay but my mom and I aren't too sure.

    I did hear that a visa is only valid not just up until the expiry date but also if issues under another individual and thus ceases to be valid when that person leaves the country. I assume it's the same for the US. My father was out of a job due to recession troubles and left the US for Ireland in April 2008. We stayed in the US for approximately a year.

    Now I don't know whether this will be an issue when applying for an ESTA visa on a different passport. I'm now Irish and of age and planning to travel in a few weeks. When they ask "have you ever overstayed a US visa", will my question by Yes or No? And if Yes, would this be the 10 year ban I hear about or not count as I was not of age?

  • #2
    You did overstay your status, because you were present after your status lapsed

    You are not subject to any ground of inadmissibility, because minors don't accrue unlawful presence for the purpose of the specific ban you're concerned about

    There is no way to know if your ESTA will be approved until you apply. The conservative approach would be to apply for ESTA TA far enough in advance that you can get a consular appointment to apply for a B-2 visa in time for your trip

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    • #3
      Originally posted by inadmissible View Post
      You did overstay your status, because you were present after your status lapsed

      You are not subject to any ground of inadmissibility, because minors don't accrue unlawful presence for the purpose of the specific ban you're concerned about

      There is no way to know if your ESTA will be approved until you apply. The conservative approach would be to apply for ESTA TA far enough in advance that you can get a consular appointment to apply for a B-2 visa in time for your trip
      Thanks.

      Is my mother banned though? She's planning on applying for an ESTA next year.

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      • #4
        If she overstayed for more than 365 days, then yes she would be subject the grounds of inadmissibility until 2019, ten years after she departed the United States. If she overstayed for between 180 and 365 days, she would have been subject to those grounds of inadmissibility for 3 years, which has already elapsed

        Whether the computerized information systems ESTA TA and consular officers rely on can figure out that either of you had violated your status is another question

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        • #5
          Originally posted by powertrip View Post
          Thanks.

          Is my mother banned though? She's planning on applying for an ESTA next year.
          It depends on when her I-94 expired. Just falling out of status does not cause "unlawful presence" to start accruing. Only when she stays past the date on her I-94 does "unlawful presence" start to accrue. Leaving after accruing 180 days / 1 year of "unlawful presence" triggers a 3-year / 10-year ban, respectively.

          She might have trouble getting an ESTA and/or a visa if she overstayed even if she has no ban. She can try though.
          Last edited by newacct; 08-07-2017, 02:15 PM.

          This is my personal opinion and is not to be construed as legal advice.

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