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What are my chances of getting a tourist visa again after overstay as minor?

Chicago, IL |

first time in the US was when I was 3 years old with my parents, we traveled twice and then on the 3rd time we stayed (never moved due to economic hardship, dad just liked the city was tired of a stressful business job in Mexico City and his siblings lived in Chicago). I grew up in Chicago but before turning 18 years and 180 days I left Chicago and went back to Mexico City in order to go to university since I couldnt get financial aid in the US. I've been studying for 2 years (halfway done) I speak 4 languages and I have proficiency certificates that prove this. I currently teach english & portuguese to executives besides studying (ive been to europe too) Could I apply for a US visa to visit Chicago? my dad is the only one in chicago, he is in process of getting residence through my uncl

My sister and mother also lived in Chicago but my sister has been in Mexico for 5 years now. She also had a baby so she is tied to the country and mom just moved to Mexico (she obviously has the 10 year penalty) But I think this could play out well since most of my family voluntarily moved back so that should also show some ties besides school, travel abroad and work.

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Attorney answers 3


You do not get to accrue unlawful presence until after you are 18 years of age. Therefore, provided that you left the US before that time, you did not accrue any unlawful presence, and should be able to obtain a visitor's visa. Consult with experienced immigration lawyer about requirements for a visitor's visa, if needed.

Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


Depends on the consulate and your skills to convince the officer that you would return with no overstay this time plus supporting documentation of country ties. In my opinion, on the description you have provided upu stand very little chance.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Both prior counsel have given you good guidance. Minor's should not have the ULP penalty attached but a consular officer can deny in their discretion based on past transgressions.

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