Can I apply for non inmigrant visa after I stayed illegaly in the US? 7 Answers as of May 03, 2011

I stayed illegally in the US while I was a minor, I got into the US with a tourist visa. I decided to go back to my home country and leave the US when I turned 20. This was almost eight years ago. Now my employer needs me to travel to the US on business and I need to apply for a non-immigrant visa. Am I eligible? Will they reject my visa application because I stayed in the US illegally when I was a minor?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I think you can be allowed to travel to the US in the context of work, but you have to prepare a good visa application packet with a waiver. Your employer may have to post a bond with the consul the first few times. The reason I believe that is because you came in as a minor and left before turning 21. This is one of those cases where I would just do it as carefully as I can. I hope your criminal background is very clean. You have nothing to lose at this point, right?
Answer Applies to: California
Replied: 5/3/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If under 18 years then there is no unlawful presence accrued in the U.S. but as you left when you were 20 then you may have triggered either the 3/10 year bar. You will need a waiver with the non-immigrant visa, to overcome your previous unlawful presence in the U.S. contact my office if you need us to assist you.
Answer Applies to: Florida
Replied: 4/29/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you were illegally in the US for more than one year after turning 18 years old then you are inadmissible to the U.S. However, you may be eligible for a waiver of inadmissibility. You can apply for this after your visitor visa is denied.
Answer Applies to: California
Replied: 4/29/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Best to simply apply for a visitor's visa and find out.
Answer Applies to: Virginia
Replied: 4/29/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
That is an interesting question. There is no certain answer. If you overstayed by more than one year after turning 18, then you are subject to a ten year bar to entry. When you file for your application you will need to file a non-immigrant waiver of that bar. These are often approved. All you can do is file the application and then see what they do. You will need to disclose the overstay on the application but since you have been back for 8 years, have employment, and presumably other strong ties, that may balance the equation in your favor. Having a foreign employer needing your presence in the US will also be helpful.
Answer Applies to: California
Replied: 4/28/2011
    Pacifica Legal Services
    Pacifica Legal Services | Floyd Fernandez
    Unfortunately, they probably will. The cut off on returning to the USA with a valid visa, after entering the USA illegally, or overstaying a visa by more than a year, then attempting to re-enter, is 10 years. The only way that can be eliminated is through obtaining permission to re-file. Fortunately, that is available to you after 5 years, and may be granted. If you want to consider how an attorney may help you, feel free to call or e-mail me to set up a consultation, which is via phone or e-mail.
    Answer Applies to: California
    Replied: 4/29/2011
    Devore Law Group, P.A.
    Devore Law Group, P.A. | Jeffrey A. Devore
    Because you remained in the U.S. unlawfully for more than a year after you turned 18 years of age you are inadmissible to the U.S. for 10 years commencing on the date of your departure. Since that time period has now elapsed you will require a waiver of inadmissibility to obtain any type of visa. I suggest you consult with an experienced immigration attorney who can review your case with you and recommend how you should proceed.
    Answer Applies to: Florida
    Replied: 4/29/2011
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