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Attempting AOS:B2 as minor, Overstayed and left, Re-entried same B2 new I-94 Help!

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  • Attempting AOS:B2 as minor, Overstayed and left, Re-entried same B2 new I-94 Help!

    I was brought to the US for the first in Jan 2001 (age 11) with my parents through a port of entry with a B2 visa which was valid from 2000-2010. After our initial entry my entire family overstayed., after a more than a year of overstay, my parents made a stupid decision and decided to leave back to my country of birth (Mexico) in June or May of 2002,.I cannot remember the exact date. This triggered the ten year ban under 212(A)(9)(B) INADMISSIBILITY DUE TO UNLAWFUL PRESENCE.

    My family and I spent around 10 months in Mexico from June or May 2002 and decided to attempt re-entry into the U.S with the same B2 visa in April 2003 (age 13) with a big chance we would be denied entry in the airport in the U.S. The officer granted us entry and granted us with a new I-94.

    I am not sure why the officer allowed us in after the overstay, perhaps our overstay was not documented properly (i.e exit was not recorded?)

    I have been in the U.S continuously since that last Entry in April 2003. I recently married a U.S.C and I am considering AOS.

    My question is whether I will face problems in getting a Green card because of the above described overstay.

    - Will I have to file for a waiver I-601 even though the 10 year ban triggered when I left in June 2002 expired?

    - Is that 10 year ban actually expired even though I came back?

    - Did I even get the 10-year ban? I was a minor just being pushed around by my parents.

    - Will AOS be possible without leaving the country?

    Thank you for any help!

  • #2
    I replied to you on another site but you have no bans (and never had any) from what you've said and you should do AOS in the US and make sure not to leave until it is done.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      I replied to you on another site but you have no bans (and never had any) from what you've said and you should do AOS in the US and make sure not to leave until it is done.
      Thank you


      I did notice that and I appreciate the patience. You know with these matters it is always nerve wrecking. Someone else said my visa was void as soon as I overstayed, so I asked him to elaborate on what he had in mind as far as how I was able to re-enter. I imagine my case is not as usual but there must be some other cases out there.



      For now, I am a lot more optimistic so I thank you for those replies.

      Comment

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