Wednesday, August 28, 2013
Can my boyfriend obtain a visitor's visa even though he overstayed his visit when he was underaged?
Can my boyfriend obtain a visitor's visa even though he overstayed his visit when he was underaged?
My boyfriend and I met 4 years ago in high school. He and his family came to the US from Colombia in 2000 seeking residency. They were admitted for 5 years but stayed for almost 8 years waiting to hear of their status. They got tired of being in the US illegaly and went back to Colombia VOLUNTARILY. My bf was 12 when he entered and 19 when he exited- making him of legal age at the time of his exit. I've been to Colombia twice since he left and I want to know what the odds are of him being admitted another visitors visa to come visit me in Puerto Rico (US) for 2 weeks this Christmas break. He is a college student, he has a job, a house in his name, and financial support from his parents in Colombia. All of these are things which strengthen his plead. My father is also willing to either write a letter or accompany him to his embassy hearing inviting him to spend Xmas with us. But I fear that since he stayed in the US illegaly from ages 18-19 that he will be denied. Thoughts/Advice Im not talking about bringing him illegaly or commiting fraud. Applying for a visa at the consulate in Bogota is totally legal. I just wanted to know if there is even a little hope that he will ge given a visa. I heard of a man that overstayed for 5 years and was issued a 2nd visa instantly...? PS- he did not receive a letter of deportation. They decided to leave.
Immigration - 2 Answers
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1 :
He was an illegal alien for many years and he did not depart voluntarily before he turned 18. Therefore he remained in the US illegally as an adult for over a year. He and his family are all barred from re-entry, probably for 10 years. Do not make any attempt to bring him back to the US (or Puerto Rico) or "help" him in any way or you are criminally liable -- prison + fine for you &/or your father. Either find a new boyfriend or immigrate to Columbia.
2 :
Contact the embassy of the US in Bogota. Since your boyfriend is an overstay and was never deported, and he's looking to apply for a non-immigrant visa, he should simply apply for the visa at the embassy and be honest about his past overstay. The embassy will then decide if a waiver is required, which will most likely be the case; there is a waiver for non-immigrant visas that covers all cases of inadmissibility and that is handled from within the embassy. It will delay processing of the visa by a couple of months but no additional form is required. The embassy would be able to fill you in on this. The waiver exists under INA 212(d)(3) -- INA is the Immigration and Nationality Act. Here is some further reading on that topic: http://www.ilw.com/articles/2003,0930-labrie.shtm http://www.ilw.com/articles/2005,0830-eiss.shtm (search for 212(d)(3) on that page to find the relevant section, but read the whole thing anyway) Here is what the law says: http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|8cfrsec2124&s_type=all&hash=0-0-0-12183 http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act212d3&s_type=all&hash=0-0-0-2643 Better get started fast, as Christmas is only 4 months away. Like I said, start by contacting the embassy. And just to answer the question straight: yes, your boyfriend can obtain a visitor's visa.
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