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We are filing form DS-260 for my daughter, there are 2

question:1)"have you ever been unlawfully...
we are filing form DS-260 for my daughter, there are 2 question:1)"have you ever been unlawfully present, overstayed the amount of time granted by immigration official or otherwise violated the terms of a U.S. visa? 2) have you ever been unlawfully present in the U.S. for more than one year or more than one year in the aggregate at any time during the last 10 years?" we know the answer is yes for both questions because she has living here for the past 13 years, but then we have to write an explanation. What should be the best explanation for both questions? thanks
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Answered in 8 minutes by:
10/19/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,480
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

The truth. As I think I explained before, because she is under 18, she does not accrue any unlawful presence and isn't inadmissible.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 7 months ago
ok, but still the answer is yes for those 2 question, so I will put in the explanation box that she overstay her visa. Is that correct?
thanks

Yes, that is correct.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,480
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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