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I was born in Brazil, and entered the States when I was 3 along with my family on a visa (and overstayed). When I was 12 my dad assaulted me and was convicted of a felony. He went into ICE and got deported. Since my dad had gone back to Brazil my mom decided to go as well (I was still 12 when we decided to go). I was in a relationship with a boy from there and I still am. I intend going back to visit in the future. Since I overstayed my first one I am hopeless and don't know if I'll get accepted. Should I apply for a travel visa or a k1 visa? Is there any hope of me getting accepted? *Any questions will be quickly answered.

Traveller
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Marcela Lopes
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1 Answers1

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Extracted from the relevant government site:

Determining whether you are inadmissible after accruing unlawful presence can be complex. If you need help or legal advice on immigration matters, make sure the person helping you is authorized to give legal advice.

you accrue unlawful presence if:

  • You are present in the United States without being admitted or paroled; or
  • You have stayed in the United States after the expiration of the period of stay authorized by the secretary of homeland security.

The statute provides exceptions to the accrual of unlawful presence to the following aliens: [...]

  • Minors: Aliens under age 18 do not accrue unlawful presence.

If, as you say, you were a minor at the time, it seems you have not accrued any unlawful presence.

L.Dutch
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