Was I unlawfully present?

[tobias 0]

Hello everyone,

Here is my situation. My dad is LPR. He has filed the I-130 and the USCIS has accepted. I came to the US since I was 13 years old. I left the US before I was turning to 18. I am currently 18. Now I need to filed the DS-230 and civil documents so that my case can get completed. While filing the DS-230 part II, page 4, question h "An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years"

In my situation, should I mark my question "yes" or "no"? I understand that if I leave the US before turning 18, all of my unlawful presence in the US will be forgiven?

So how should I proceed?

Thanks so much

[zeroka 7]

this question does not ask you what age you left, neither it provides you the option "if you left before you turned 18".

You will need to mark YES.

To be on the safe side, you can give your US embassy a call and ask the question, or call the NVC about it, or talk to an immigration lawyer, whichever you prefer.

The new Obama forgiveness is a temporary measure, which will not help you to a green card. On the other hand if you mark NO, you will be caught at the interview and prohibited to enter the USA for another 10-20 years....

It's that simple...whatever you say they will run a report on the interview on you and check your enter/exit report.

I visited the USA many times before I got my green card. I had around 12 enter/exits and I happen to forget to state one of them...when I looked up all the stamps in one of my passport I found the missing one, however I was reminded by the embassy staff that I missed one of my travel and they kindly asked me to amend my application form on the spot which they verified there.

In your case they would kindly ask you to never come back again if caught on not telling the truth.

Hello everyone,

Here is my situation. My dad is LPR. He has filed the I-130 and the USCIS has accepted. I came to the US since I was 13 years old. I left the US before I was turning to 18. I am currently 18. Now I need to filed the DS-230 and civil documents so that my case can get completed. While filing the DS-230 part II, page 4, question h "An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years"

In my situation, should I mark my question "yes" or "no"? I understand that if I leave the US before turning 18, all of my unlawful presence in the US will be forgiven?

So how should I proceed?

Thanks so much