I was 9 months when my parents took me to the usa on a visitors visa that we overstayed. when i we were deported back to france i was 13. i am now turning 22, Married, renting my own apparement and still in school (bachelor) . i went to the america embassy in my birth country and revealed my situation and told them i wanted to go back to visit., The officer asked a bunch of question mostly about my ties to france and what i knew about our removal. I didn't know much. And then said my visa was issued . i would like to know if it garantees my re entry? what shoud i prepare for? what will happen at the border?
Generally, an overstay as a minor (with the deportation or exit occurring before 18) would not be an "overstay" from an immigration perspective. You should not encounter problems visiting the US. With cases like these, I usually recommend that my clients carry with them a legal opinion letter setting out the background information, the above opinion, with regulations and precedent if needed, to back it up. That way it almost indefinitely ensure passage into the US despite this issue.
The fact that the visa was issued is a good sign that you are not inadmissible. Having a visa never guarantees that you will be admitted at the border. But so long as you answer all questions truthfully, you should be admitted. The overstay as a minor is not considered as unlawful presence because of your age at the time. Prepare to be asked about the reason for your trip to the U.S. and about your ties to your home country. If you are asked about the previous overstay and removal, be truthful.
I agree. The fact you informed the DOS at the Consulate and you were still issued a visa is a good sign. Be prepared at the port of entry to provide a full explanation and there si never any guarantee you will be granted admission. Good luck.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
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