Chances of getting a Student Visa after Overstaying in the USA

My dad brought me to the usa at the age of 15 in 2007 on a non immigrant visa. I attended and graduated from a us high school in June 2011. I turned 18 July 2011, In January 2012 i returned to my home country on self deportation. Mainly because i wanted to go to school and because of me not having my papers in the us i couldn't, I was out of school for a year after graduating high school. Currently i am attending a us based college in my country but i am looking to apply for a student visa to transfer to the us Florida Campus. What are my chances of getting it? Being brought to the us underage, does this help my case? Also me leaving voluntarily at the age of 18, how does this benefit me? Any suggestions on how i could return to further advance my education?

White Plains, NY -

Attorney Answers (3)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA

I agree with my colleagues.

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Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA

Based on the facts above, your chances of obtaining a student visa are slim to none, am afraid.
The 3 and 10 year bars do not apply to one until the age of 17, but by virtue of having left the U.S., you have now triggered the 3 year bar to readmission.

There is no waiver to "waive" this inadmissibility ground, unless you have a USC petitioner petitioning you for a green card based on marriage .

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
Lalita Haran

Lalita Haran

Immigration Attorney - Carmel, IN

Unlawful presence does not help in future visa application although you could explain your situation. A try is better than no attempt at all. Best Wishes!
Lalita Haran

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