Skip to main content

I've over stayed my visa for 5 months and planning on going back to Iceland, and I'm 16. Will I be able to return to the USA?

Tulsa, OK |

I've over stayed my visa for 5 months and planning on going back to Iceland, and I'm 16. Will I be able to return to the USA?

Attorney Answers 6


  1. Minors do not accrue unlawful presence but the consulate will take into consideration your overstay when evaluating whether to grant you the next visa. They will also consider that you did return. Best to work with an attorney next time you want to apply for a visa.as you will need to explain your overstay and prove you intend to return to your home country for most visa types.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law


  2. Yes, with the proper visa.

    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. yes, minors do not accrue unlawful presence

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  4. You will not face a bar to admission, however you may have difficulty getting a visa in the future if you did not keep to the terms of your current admission.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  5. Yes you will be able to return but with a visa. You have not accrued unlawful presence as long as you are under the age of 18.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  6. You do not accrue unlawful presence until you are 18 but you may face a discretionary issue when applying for the next visa.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Education law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics