How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Expert James Your Own Question
Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11391
Experience:  Write FOR JAMES to get my help!
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

I'm currently in Brazil, my home country and I got engaged,

Customer Question

I'm currently in Brazil, my home country and I got engaged, my fiancé is an american citizen. My fiancée will apply for the fiancé visa but I am currently an ''unlawful presence'' and when I was 14 years old I overstayed in the US. I want to know if any of these will be an issue to the visa.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

This could be a problem for the visa.

But first, please answer the following:

If you were in unlawful presence after the age of 18, for how many years.

Also, what do you mean by "I am currently an "unlawful presence"? You said you are in Brazil, so how are you in unlawful presence in the US? You cannot be in unlawful presence in the US at the same time you are in the US. You can only be in one place at a time.

Customer: replied 1 year ago.
Correcting: I was unlawfull presence after 18 years old, for 4 months.
Customer: replied 1 year ago.
I overstayed when I was 14.
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Before the age of 18, there is no penalty for overstaying, and no accrual of unlawful presence. So don't worry about what happened when you were 14 years old.

What becomes an issue is what happens after you turn 18. In this case, you did accrue unlawful presence, but only 4 months. That is not enough to cause a ban from the US for any amount of time. If you accrued 6 months or more of unlawful presence, then you would have been subject to a 3 or 10 year inadmissibility ban.

Now, while there is no ban, an officer still can deny you a visa for immigration violations. But I doubt that will happen with a marriage based case.

You asked if there will be an issue for the fiancée visa. The only way I can answer it honestly is that it can be, but you do not have a ban from entering the US, based on what you've told me here.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and have responded. But I cannot see that response above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

Related Immigration Law Questions