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Chances of getting a Student Visa after Overstaying in the USA

White Plains, NY |

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?

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Attorney answers 3


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Giacomo Jacques Behar

Giacomo Jacques Behar


The moment you attained the age of 17, each day you remained in the U.S. while out of status will be counted as "unlawful presence", with 180 triggering the 3 year bar, and 360 the 10 year bar to readmission.


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


I agree with my colleagues.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.