Potentially ineligible, but not sure?

[zilchfox 296]

Hey guys,

 

I'm asking for a friend as this has nothing to do with my timeline.

In 2004, he was brought to the US by his parents at age 14 as a visitor, and for whatever reason he was left behind when his parents left back to Peru. At age 20, because of his illegal status and unable to make a living wage because of such status, he made the decision to voluntarily fly back home to Peru.

 

He does not know if the US knew he was still in the country, nor was he ever told he was banned at any point. On paper, he should be barred for 10 years from even visiting, but is there a way for him to find out remotely? He wants to apply for the Diversity Visa as the US was life as he knew it growing up in his teen years.

 

Cheers.

Edited January 26, 2017 by zilchfox

[Ben&Zian 4,398]

If he left the country, upon exiting he should have been flagged in a system for the 2 year over stay. Assuming he used the same passport he came into the US on originally.

[zilchfox 296]

So it seems his visa and passport were both expired (and lost), so before he could leave the country he went to the Peruvian embassy and was given a slip allowing him to travel back to Peru.

[Chardon Ne' 71]

The only way to really know for sure is to apply and if he is denied they will tell him the reason or so it seems. Most people  tend to find out if they are banned for their overstay upon applying for a new Visa. If he entered the country legally when he was 14 he has a better chance than if he entered illegally that is for sure.  They will generally allow anyone who is here undocumented to leave without much issue.  

Edited January 26, 2017 by Chardon Ne'

[Hypnos 6,576]

He is barred for ten years from the date that he departed due to overstay of at least 365 days. 

 

This is a statutory, automatic ban under INA 212.

 

He can certainly apply for the DV - or any other kind - but would be denied at his interview due to the inadmissibility. 

 

Edited January 26, 2017 by Hypnos

[Chardon Ne' 71]

Just now, Hypnos said:

He is barred for ten years from the date that he departed due to overstay of at least 365 days. 

 

This is a statutory, automatic ban under INA 212.

 

I agree. I should have specified that that's when they were told in writing. 

[Boiler 45,525]

He can apply in 2020 when his ban is up, assuming the DV is still around.

[Hypnos 6,576]

And that the United States is still around.

Edited January 26, 2017 by Hypnos

[zilchfox 296]

18 hours ago, Hypnos said:

And that the United States is still around.

Ha.

 

Anyways, thank you for all your responses everyone, I shall forward them to him!

[Private One 44]

On 1/26/2017 at 0:48 PM, Boiler said:

He can apply in 2020 when his ban is up, assuming the DV is still around.

Exactly my thoughts on both counts. The 10 year bar from reentering the U.S applies to him. With all what's going on with this sweeping new immigration policy, there's no guarantee the DV will survive.