Overstayed as minor and re entering; I live in Spain and have Spanish citizenship
This is a discussion on Overstayed as minor and re entering; I live in Spain and have Spanish citizenship within the Family-Sponsored Visas forum, part of the IMMIGRATION LAW category; Hello all this is my first post!!!! Here is my case (complicated) I entered the US in 1995 with family ...
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Overstayed as minor and re entering; I live in Spain and have Spanish citizenship
Hello all this is my first post!!!! Here is my case (complicated)
I entered the US in 1995 with family passport as tourist (as I was a minor by then). Then my family decided to stay in the US, I went to school there and voluntarily left in 2007. I did not have deportation or even informed anyone that I left. 2 of my brothers have been granted permanent residence as they married a US citizen. Me on the other hand could not adjust my status, my brothers don't help me so I left the country as there was no hope for me to continue my studies or any way to legalize my status. I have never worked in the USA nor ever been in trouble with the law. I now live in Spain and have Spanish citizenship. My question is if I can go visit the USA with my Spanish passport under the VWP. I'm not sure if I will have the 10 year ban or any other ban. Like I said I entered as a minor and had no idea of laws or anything like that, choices where made on my behalf. Will I have to apply for a visa and inform of my overstay? My father is about to become permanent resident, I'm not sure if he can petition me as F2B (unmarried sons & daughters over 21) as a Spanish citizen although I was born in Mexico. In the even that he can petition for me, he is already old of age and possibly will not get a job, I understand that to petition for someone you must make X amount of money... In this case can my brothers "co-sponsor" if father petitions me? I understand that the waiting times for Mexicans are much longer than for other countries.... So I'm not sure if my father petitions for me as Mexican or Spanish, I do live in Spain and have no ties to Mexico other than being born there. I repeat, I left in 2007 through air plane with a Mexican passport, I was never asked anything or given any documents upon my exit. What would be the best legal way for me to visit my family and possibly stay in the US, how long would the process be? Thank you all for reading and wishing to trow a hand. (also if you are a lawyer and interested in my case I am willing to hire) |
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#2 |
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I wish to inform you that your eligibility to re-enter depends upon your age. If you were a minor when you had left USA then you can re enter and there is no entry restriction or ban. If you were a major and 1 year had elapsed after your majority when you had left USA then 10 year ban can be applied on you. In this if you were on a Mexican Passport at that time and now you are a Spain Passport then ban may be enforced if ICE officials come to know about your overstay in the past.
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#3 |
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thank you for your quick reply.
I had just turned 21 when I left the country in my own. So in other words I have the 10 year ban.... So my father cannot petition for me until the 10 year ban pass? Or if my parent becomed US citizen, can he petition for me? Im aware that for that 5 years must pass after he can apply for his citizenship, by that time the 10 year ban would be over as I have been out of the USA for a little over 5 years. Is there a way to apply for a waiver to just visit my family? |
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#4 | |
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Quote:
WHAT IS THIS???????
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#5 |
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i think you can only see them if you're going to have your vacation.
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Overstayed as minor and re entering; I live in Spain and have Spanish citizenship









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