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What do I need to do to be eligible for re entry in the US and how much will it cost?

San Diego, CA |

I am a minor who overstayed in the US due to my parents who came in with a tourist visa and soon extended to a student visa but could no longer pay for extension due to financial problems. We are currently in our home town and it's been two years since we were last in the US. We wish to re enter the US for work and education purposes. I also have a sibling who was born in the US and was granted citizenship under the law. He was not granted more than a year to stay here but no one could bring him back because of our status. What do we need to do?

Attorney Answers 2


  1. It is impossible to tell whether you or your parents have any immigration options from what you have posted. Depending on how old you were when you lived here, and how long you were out of status, you may have a three or ten year bar on returning. Depending on whether you or your parents left under an order of deportation or a voluntary departure, there may be other bars and restrictions on your returning. You make no mention of any relatives or professional employment options in the United States which may give you an opportunity for a visa. As far as you brother who is a U.S. citizen, his options will depend on his age. Make an appointment to speak with an attorney in private. Many will do consultation by phone or by Skype.

    This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.


  2. Minors do not accumulate unlawful presence until age 18, you all need to consult an attorney first then apply for the right visa at the consulate, and if you are issued a visa, then enter legally, and accomplish your purpose.

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