Asked in Immigration Law for Texas

Q: Can I be denied an H1B visa if I was in the US illegally as a minor and left until I got a bachelors 10 years ago?

I got hired as a bilingual teacher in Texas and my employer will be filing the H1B visa. I left the US 10 years ago without any criminal record and am currently living and working in Mexico. I only studied and did not work illegally in the US.

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3 Lawyer Answers

A: This should not be a reason for the government to deny your H-1B visa.

Hector E. Quiroga
PREMIUM
Answered

A: Your story is unclear: did you come back to the US to get your bachelor’s degree? If so, and you entered lawfully to do it, that’s a pretty good indication that your illegal entry is unlikely to impact you negatively. If you’ve been outside the US for more than 10 years, then you are outside the statutory time period for a bar.

A: Since you left the US over 10 years ago, you are no longer subject to the 10-year unlawful presence bar. Your previous unlawful presence in the US should not be a reason for denying you an H-1B visa.

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