Asked in Immigration Law for District of Columbia

Q: Can my niece re-enter the u.s?

I have a niece in new zealand, she came to the united states when she was 7 in 2001 without a visa, she came in the visa waiver program and she stayed here in the u.s going to school, being with her parents and family, as well as me for 7 years, so when she was 14, she went back to new zealand and its been 10 years since she hasn't entered the united states, she's 23 now and i was wondering if she would be admissible to enter the u.s again if she came again on a visa waiver program or a visitor visa to the u.s?

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1 Lawyer Answer

Hector E. Quiroga

PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: It has not been quite ten years, but technically, she should be able to reenter; however, give that she overstayed, she will likely run into some issues. Evidence of mitigating circumstances, as well as strong evidence of connections to New Zealand, will help her case.

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