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waiver transfer overstay, turnaround at entry port, other forms needed..?

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  • waiver transfer overstay, turnaround at entry port, other forms needed..?

    y story us a bit long so I will try to condense. In 1996, when I was 14, I travelled to the US alone and stayed with family once I arrived. I had a waiver transfer, valid for 90 days. Being 14 I had no idea I couldn't stay longer and the school I went to actually said everything was fine, they'd take care of it. We discovered, 8 months after I arrived, that I was actually illegal. Because of a crappy life in England, my family decided to adopt me. The adoption was complete in record time just a few weeks later. I didn't leave America for another 3 years and got a ssn and was allowed to become a citizen (I had no idea of this until years later and wanted to become one but the opportunity had lapsed!) I visited America often on return tickets Into the country. On one occasion I was stopped as I was over 21 and didn't have a return back out of the country. They said I could be deported or choose to leave...so I chose to leave and signed papers saying I would. I have visited again often without problems and always had WT or ESTAs. Now I am hoping to go over with my family on my husband's H1B visa, I'll have an H4 visa. I signed the box saying I overstayed but there were actually never any repercussions for doing it...perhaps because I was so young..? Anyway, if anyone can tell me if I'm likely to get or not get the visa, considering the overstay and the turnaround that would be helpful. Someone also mentioned a form I may need to explain why I overstayed and why I turned around at the entry port...but they couldn't remember details or the form name. Does anyone happen to know what it is or if there are other forms we may need that are not listed? Thanks

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    Sorry for double posting this, when I searched for it, it did not come up so I reposted and now can't get rid of duplicate...oops!

  • #2
    Waivers

    It appears that you only overstayed 5 months. the bar is set at 6 months for a bar of 3 years. It does not appear that you are inadmissible to the US. In regards to your H4 status, if that is what you entered on at the age of 21, you would have done a voluntary departure, and you may be subject to applying for permission to reenter. However, I would go see a lawyer regarding this.
    This is purely my opinion and does not constitute legal advice.

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    • #3
      Thanks for the reply! When I went at 21 I was on a visitor's visa. I overstayed, at 14, by 6 months and a few days but was never barred as I was adopted before leaving so was actually entitled to citizenship!

      It turned out none of that was an issue at all and the visas were granted within a day8
      Last edited by EmBlakey; 07-26-2016, 08:53 AM.

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