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?

Asked over 1 year ago - 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. Lynne Rogers Feldman

    Contributor Level 18

    7

    Lawyers agree

    Answered . 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. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, with the proper visa.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Irene Vaisman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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. Stephen D. Berman

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  5. Theodore John Murphy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  6. Samuel Patrick Ouya Maina

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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,... more

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