Attended High School on an Overstayed B2

[cabmarc 0]

Hi everyone. My fiancee overstayed her b2 visa 6month period by 6 years. She was 11 years old when she entered the united states and 18 when she left. She was able to attend school on a B2 because the school system that she attended does not turn away undocumented students. She left 100 days after turning 18. When she left, her airline ticket had been purchased but her passport was expired. She attained a "salvoconduto" from her embassy as a substitute for her passport. She went through customs and immigration with no problems.

I guess there are two major problems here. The overstaying period does not begin until you turn 18 and is subject to a 3 year ban after 180 days. My fiancee did not overstay in that sense, but will the fact that she attended public school hurt our case, even if the county had a policy of not turning undocumented students? Second, she has no proof that she left when she says she did because she did not turn in her 1-94 card, only the "salvoconducto." Will the consulate at her embassy have this exit on record or is it up to her to find the proof that she left? If any has been through a similar situation or has any advice, please help. Thanks.

[payxibka 10,047]

Hi everyone. My fiancee overstayed her b2 visa 6month period by 6 years. She was 11 years old when she entered the united states and 18 when she left. She was able to attend school on a B2 because the school system that she attended does not turn away undocumented students. She left 100 days after turning 18. When she left, her airline ticket had been purchased but her passport was expired. She attained a "salvoconduto" from her embassy as a substitute for her passport. She went through customs and immigration with no problems.

I guess there are two major problems here. The overstaying period does not begin until you turn 18 and is subject to a 3 year ban after 180 days. My fiancee did not overstay in that sense, but will the fact that she attended public school hurt our case, even if the county had a policy of not turning undocumented students? Second, she has no proof that she left when she says she did because she did not turn in her 1-94 card, only the "salvoconducto." Will the consulate at her embassy have this exit on record or is it up to her to find the proof that she left? If any has been through a similar situation or has any advice, please help. Thanks.

K-1 is still possible... the journey just might be a little more complicated

[Brother Hesekiel 2,236]

The overstay is beginning to accumulate illegal presence at 18 years and 6 months. No problem at all, unless her parents registered her as a USC child in school.

[Krikit 1,165]

This link may be helpful to you:

Consequences of Unlawful Entry or Unlawful Overstay

Moving from the K-1 forum to the Effects of Major Changes forum. Good luck.