Minor Overstaying and Re-entering the US

[Themok]

Hi, my name is Themis Monteiro and I am a brazilian who entered the US in December of 2007 on a visitor visa. My I-94 was issue for June 28th, 2007; however I decided to stay in the country, once my mother is a permanet resident and intended to change my status while I was there. I also wanted to finish my high school education in the US. The three times we tried to apply the form, they were rejected with the excuse they were not filled out properly. I turned 18 on January 4th and around 20 days after that, the last application form was rejected. After that, I decided to see a lawyer to know my options. He said the no period of time should be count down when the alien is a minor. After knowing that, I decided to leave the country, however after my graduation. I voluntarily departed the United States exactly 164 after my 18th birthday. I know that an alien who overstayed more than 180 days and less than 1 year should not seek admission within 3 years.

I am willing to re-enter the US in a year with a student visa. I would like to know whether or not I still have a chance to obtain the visa.

If I try the visa, should I write a letter of explanation?

Can they bar my entrance in the country for 3 years?


I would appreciate if someone could help me with my situation.


Thanks,
Themis

 

[Citizentobehz]

I don't think the bar of 3 years will apply to you as you have indicated that over stay was lesser than 180 days. However, your new visa application may be denied due to your intend to stay on your previous non-immigration visa. One of particular thing that Visa officer is looking for any applicant for non-immigration visa is the see if you have immigration intend..... Depends on how long since you have departed from US, it may take awhile and several application before you can get approved again.