Visa overstay advice

[fatmoon 0]

I am a US citizen and I recently filed and received approval for fiance visa from the USCIS. My fiance is now filling out forms requested by the US Consulate in India. One of the forms is the DS-156.

Question 38, bullet four is the source of worry for me.

"Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States?"

When she was a minor she overstayed a visit visa that was supposed to last 6 months. She came to the US in '97 and left in '03. She was a minor the entire time. When she left in 2003, she was 14 years old. So the fact is she violated the terms of a US visa. We are planning to answer with the truth and say yes. My questions for the community are:

1. Is this a red flag and a potential denial scenario?

2. If not, are there any proactive steps I can take, like filling out additional forms to avoid any delay in the application process?

3. Does anyone know the specific law that states minors won't be penalized for any laws broken while a minor in the states?

4. If somebody has been thru a smiliar situation can you tell me the timeline for your process?

5. Would we be better off anwering no?

6. Any suggestions, advice or any additional information would be greatly appreciated.

Thank you in advance for any help received.

[Leatherneck 693]

Minors under the age of 18, there is no unlawful presence counted against her.

[Leatherneck 693]

Wait, wait, wait, was she 14 years old when she left the country or was she 14 when she arrived? It was not clear to me, it does make a big difference.

[Leatherneck 693]

I am a US citizen and I recently filed and received approval for fiance visa from the USCIS. My fiance is now filling out forms requested by the US Consulate in India. One of the forms is the DS-156.

Question 38, bullet four is the source of worry for me.

"Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States?"

When she was a minor she overstayed a visit visa that was supposed to last 6 months. She came to the US in '97 and left in '03. She was a minor the entire time. When she left in 2003, she was 14 years old. So the fact is she violated the terms of a US visa. We are planning to answer with the truth and say yes. My questions for the community are:

1. Is this a red flag and a potential denial scenario?

2. If not, are there any proactive steps I can take, like filling out additional forms to avoid any delay in the application process?

3. Does anyone know the specific law that states minors won't be penalized for any laws broken while a minor in the states?

4. If somebody has been thru a smiliar situation can you tell me the timeline for your process?

5. Would we be better off anwering no?

6. Any suggestions, advice or any additional information would be greatly appreciated.

Thank you in advance for any help received.

BY ALL MEANS...ANSWER TRUTHFULLY! A misrepresentation, an omission or a lie will get you a quick denial!

No denial, it happened when she was a minor- minors do not accure unlawful presence. 18 1/2 is a problem.

[Girl from Celebes 588]

Wait, wait, wait, was she 14 years old when she left the country or was she 14 when she arrived? It was not clear to me, it does make a big difference.

When she was a minor she overstayed a visit visa that was supposed to last 6 months. She came to the US in '97 and left in '03. She was a minor the entire time. When she left in 2003, she was 14 years old. So the fact is she violated the terms of a US visa. We are planning to answer with the truth and say yes. My questions for the community are

I think he means that when she left the country. If she was 14 when she arrived in USA in 1997 and left 2003 it means she was about 20 years old at time and OP said that she was a minor the entire time between 1997-2003. My observation.

[Leatherneck 693]

I am a US citizen and I recently filed and received approval for fiance visa from the USCIS. My fiance is now filling out forms requested by the US Consulate in India. One of the forms is the DS-156.

Question 38, bullet four is the source of worry for me.

"Have you ever violated the terms of a US visa, or been unlawfully present in, or deported from, the United States?"

When she was a minor she overstayed a visit visa that was supposed to last 6 months. She came to the US in '97 and left in '03. She was a minor the entire time. When she left in 2003, she was 14 years old. So the fact is she violated the terms of a US visa. We are planning to answer with the truth and say yes. My questions for the community are:

1. Is this a red flag and a potential denial scenario?

2. If not, are there any proactive steps I can take, like filling out additional forms to avoid any delay in the application process?

3. Does anyone know the specific law that states minors won't be penalized for any laws broken while a minor in the states?

4. If somebody has been thru a smiliar situation can you tell me the timeline for your process?

5. Would we be better off anwering no?

6. Any suggestions, advice or any additional information would be greatly appreciated.

Thank you in advance for any help received.

Here you are:

INA Section 212 (6)©(i)

© Misrepresentation.-

(i) In general.-

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible

INA Section 212 (9)(B)(iii)(I)

(B)

¹³

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

[Tahoma 2,292]

She came to the US in '97 and left in '03. She was a minor the entire time. When she left in 2003, she was 14 years old.

No problem. She was a minor. She's good to go.

[fatmoon 0]

Thanks guys it seems like I shouldn't worry, your confidence has really helped calm my nerves. Thanks to all for your responses.

[johnny828 1]

can you tell me what answer did you put, and any problems? course i have the same question too, thanks!

[belinda63 3,052]

You always answer truthfully, so yes she did overstay. If she was a minor the entire time she is no considered responsible for the overstay as minors have no say in what their parents/guardians do. ALWAYS answer truthfully.