How can I visit the USA again?

1/24/2018 7:39:40 PM

Assuming you were in the status in visitor status or any status other than F (student) or J (exchange), you would have gotten an I-94 with a specific date, and staying past that date would subject you to “unlawful presence”. However, you do not accrue “unlawful presence” while under 18. So you accrued a little more than a year of “unlawful presence” from when you turned 18, and then left the US, triggering a 10-year ban. This ban will end in January 2021, so you are still under the ban, and need a waiver to enter the US.

Assuming you are not a Canadian citizen, you need to apply for a visitor visa to visit the US. Your visa will be denied, either due to the ban or some other reason (usually the generic reason of “failure to overcome the presumption of immigrant intent”). If your visa is denied only due to the ban and not due to immigrant intent, then the officer will inform you the steps to apply for a nonimmigrant waiver, which will be adjudicated by the same officer. If your visa is denied due to “failure to overcome the presumption of immigrant intent”, there is no waiver and there is nothing you can do other than try again. Past overstay is a negative factor in the determination of immigrant intent; also, you are the beneficiary of a pending petition and it is difficult to say what effect that has on the determination of immigrant intent. Applying for a visa won’t affect your immigrant petition.

By the way, what you have been told about the “1-2 years before you can get a residency” is wildly incorrect. An unmarried over-21 child of a citizen is in the F1 category which currently has a wait of almost 7 years (from the date the I-130 was filed) for people born in most countries (longer for people born in Mexico or the Philippines). A married child of a citizen is in the F3 category which currently has a wait of more than 12 years for people born in most countries (longer for people born in Mexico or the Philippines). They may be referring to the time the I-130 petition takes to approve; but that time doesn’t matter as an approved petition doesn’t allow you to proceed — you also need a visa number to be available for your category and priority date before you can proceed to the next step.

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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