Will my ESTA be approved after unlawful presence as a minor?

[johnnyappleseed]

Hello. I'm 23. In 2001, when I was 5, my parents too me to the U.S.A from my home country Argentina. We flew there legally with a visa. I overstayed illegally till I was 18 and returned to Argentina in 2013 (less than 180 days after my 18th birthday). If I apply for ESTA via an Italian residency will I be approved? And if I am approved is there a chance I can get sent back once I arrive at the airport? Is there anything else I can do to get back to the States? My mom is a citizen but it can take 7 years for the paperwork.

[krypton9591]

Hello. I'm 23. In 2001, when I was 5, my parents too me to the U.S.A from my home country Argentina. We flew there legally with a visa. I overstayed illegally till I was 18 and returned to Argentina in 2013 (less than 180 days after my 18th birthday). If I apply for ESTA via an Italian residency will I be approved? And if I am approved is there a chance I can get sent back once I arrive at the airport? Is there anything else I can do to get back to the States? My mom is a citizen but it can take 7 years for the paperwork.

That would be a question for a legal attorney

[newacct]

Hello. I'm 23. In 2001, when I was 5, my parents too me to the U.S.A from my home country Argentina. We flew there legally with a visa. I overstayed illegally till I was 18 and returned to Argentina in 2013 (less than 180 days after my 18th birthday). If I apply for ESTA via an Italian residency will I be approved? And if I am approved is there a chance I can get sent back once I arrive at the airport? Is there anything else I can do to get back to the States? My mom is a citizen but it can take 7 years for the paperwork.

A note of terminology -- you didn't have any "unlawful presence as a minor" -- you didn't accrue "unlawful presence" while a minor. You had unlawful presence after turning 18, but you accrued less than 180 days of it before you left so you had no ban.

There isn't an explicit rule that overstay on visa disqualifies you from VWP (there is only a rule that overstay on VWP disqualifies you from VWP), but I am not sure if in practice past overstay on visa will likely cause your ESTA to be denied. You can try to apply and see. You will have to honestly answer yes to any questions that ask if you have ever violated the terms of your visa. Even if you have ESTA, you can always be denied entry at the port of entry.