Minor Overstaying And Re-entering USA

M

mitul28

Registered Users (C)
Hi,

I'm an Indian national who entered USA in August 1998 on visitor's visa. On my arrival in NYC I was given stay permit for 6 months. However, I decided to complete my high school education in NYC through a public school which ended in June 2002. After completing my high school education I was all set to join a college in NYC but a lawyer informed my parents to take me back to India before I turn 18 so that my overstaying is nullified. At present I'm in India since July 2002 and am planning to go back to USA before my tourist visa expires in July 2008. My questions are as follows:

1. Is it true that minor overstaying in USA is forgiven under USA immigration laws?

2. If yes then how should I respond to questions posed by immigration authorities at a particular USA airport when I make another visit before July 2008?

3. Due to overstaying do I have to take any special authorization letter or form with me while I visit USA?

4. When should I put in an application for renewal of Visa? After July 2008 once my visa expires or before? I'm planning on visiting in the month of May 2008.

5. While leaving in 2002, I had submitted a green slip to the airlines staff. I have heard that this slip goes to the immigration authorities so that they will are aware of the arrival and departure dates of all the passengers. Can this go against me?

6. Is there any way immigration authorities can refuse entry and deport me?

It would be highly appreciated if you could shed come light on the questions raised above and revert at the earliest.

Regards,
Mitul
 
A1: Minors do not accrue illegal presence until they turn 18
A2: Tell them the absoulte truth when queried
A3: You have a valid visa, you do not need anything else. Just remember, the visa allows you to approach a POE to request an entry. Entry may be denied.
A4: If you are visitng in May, why do you need a fresh visa? Your current visa is good until July 2008. Do remember that a POE officer may want to enforce 222(g) due to your previous overstay.
A5: Green? You sure it was not white?
A6: Of course they can deport you or deny you entry. Only citizens are guaranteed entry.

mitul28 said:
1. Is it true that minor overstaying in USA is forgiven under USA immigration laws?

2. If yes then how should I respond to questions posed by immigration authorities at a particular USA airport when I make another visit before July 2008?

3. Due to overstaying do I have to take any special authorization letter or form with me while I visit USA?

4. When should I put in an application for renewal of Visa? After July 2008 once my visa expires or before? I'm planning on visiting in the month of May 2008.

5. While leaving in 2002, I had submitted a green slip to the airlines staff. I have heard that this slip goes to the immigration authorities so that they will are aware of the arrival and departure dates of all the passengers. Can this go against me?

6. Is there any way immigration authorities can refuse entry and deport me?
Click to expand...
 
Thanx for the reply Saif. However, your answers are a little contradictory and confusing. On one hand you are saying that "minors do not accrue illegal presence until they turn 18" but on the other hand you are also indicating that "POE officer may want to enforce 222(g) due to your previous overstay". Which is true? Also, you have not quiet answered question 5.

I request you to go through the ponts raised above and revert.

Appreciate it!
 
I did answer 5. I want you to confirm if it was a green or white piece of paper you handed over. Regardless, your departure would have been logged.
Now let me clarify the confusion. Minors do not accrue illegal presence as far as the 3/10 year bans are concered. If for example a minor enters the US on a visit visa at age 15 and then over stays until his 18th birthday, he/she has clearly overstayed but has not accrued illegal presence as far as triggering the bans are concerned. The clock starts after the 18th birthday. However, a POE officer can still decide to revoke the visa of the returning 18 year old using 222(g). Is it clear now?
 
Thanx for the instant reply Saif. Appreciate it! Things are pretty clear now. Basically there's a 50/50 chance of me being allowed to re-enter. I guess I'll have to take the risk and find out. Do you by chance have any idea as to what would happen incase they do decide to deny entry. Would they put me in the next available immediate flight back home or do they take you into custody and then eventually take you to jail? I've heard couple of incidences where an overstayed person visiting again is not only denied entry but also taken to prison for a couple of days and interrogated.

One more query...I have many relatives in US who are living as citizens from last 25 years. They have been paying taxes and running successful businesses. My question is incase I'm being denied entry, can my relatives provide a bond of a certain amount which would guarantee that I would not stay illegaly this time around. I've heard about this as well so just checking.

Thanx a lot!
 
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