Q: Overstayed visa as a minor and departed voluntarily now wanting to return back after 5 years.
I came to the U.S. as a 15 year old on a B1/B2 visa. Due to threats to my safety my mom left me with her sister and returned back home. Later my family urged me to apply for DACA for which I was rejected. I came back to my country of origin at the age of 18 years and 11 months. It has now been more than 5 years since my return. During this time, I have finished medschool and have become a physician. I want to sit for the USMLE Step 2CS, for which I need a non-immigrant visa. ECFMG typically issues a visa letter for the intent and purpose of sitting for this exam. However, looking at my case is it possible that I may be granted a visa?
A: Based on these facts, if appears you were subject to a 3-year bar which has since expired ... the 11 months after turning 18. You will however have to demonstrate your intention to return to your country in order to get the nonimmigrant visa. Assuming it is the J-1 visa, which is common for Foreign Medical Graduates such as yourself, then you may be helped by a built-in requirement of the visa, that you must return to your country of residence at the expiration of your period of J-1 residency. I cannot address the consequences of your overstay, as they might be for any other visa application. If you are fortunate enough to have an offer of permanent residence, the fact of an overstay will not be a factor at all. Just be sure always to be open and honest about the facts.
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