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Did I Overstay, Go Out of Status or become unlawfully present in the US? I'm very confused here are the facts:

Franklin, TN |

- Came to the US in 1991 with an F-2 D/S Status (My father was the F-1 D/S Visa Holder)
- I was 9 Years Old
- My father Finished his Studies in April 1996 but decided to stay and live in the US. I had no choice. I was 14.
- There were never any hearings, letters, or communication of any kind from USCIS.
- When I finished High School I made arrangements to leave the US. I left at the age of 19.
- 11 years Later I'm now Married, 1 Kid, Graduated from College, Stable Job, 30 yrs old and still in my home country, without ever having attepted to obtain a visa (thus never rejected)
- My father is now a legal resident (LPR)
- Is there a good chance I can obtain a Tourist Visa? & What should I answer in my Visa Form and Interview (Overstay, Unlawfully Present or Out of Status)?

Attorney Answers 3


  1. Best answer

    Your period of unlawful presence in the US didn't start until you turned 18. When you left at 19 years of age, you acquired a 10-year bar to return to the US. If you've been out of the US for 11 years, bar not effective anymore.

    You can try to obtain a tourist visa, but there are no guarantees you will receive it. You will need convincing evidence of strong ties to your home country, showing that you don't plan to simply stay in the US when you come visit. As far as the visa form, what exactly is the question on it?

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]


  2. Is there a good chance I can obtain a Tourist Visa? Yes, if the consular officer is convinced that you will not merely stay in the US.

    What should I answer? Overstay

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. I agree with my colleagues. Always be truthful in your answers. It's worth obtaining the help of an immigration lawyer with this application. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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