Brandon, FL asked in Immigration Law for Florida

Q: I overstayed my R2 visa as a minor...

I'm living in the US. My visa expired 5 years ago, but I was a minor. Im 18 now and I want to now leave the US and return to the UK for a period of time, but will I be banned from reentering or getting another visa to see my girlfriend (who is a US citizen), possibly a fiance visa?

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1 Lawyer Answer
Hector E. Quiroga
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Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Maybe, maybe not. You began to accrue unlawful presence when you turned 18. If you have 180 days or less of unlawful presence, then there is less of a chance that you will be denied entry. As a matter of discretion, however, a border patrol office could bar you from entering. If you try to come, you should provide compelling evidence to explain why you didn't leave when your authorized stay expired.

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