Question hello good night my name is David i got a couple questions i lived in the united states when i was fifteen i came with my parents and i went to high school and graduated, i stay there until like 20 years old. than i moved back to my home country Costa Rica a couple years later my girlfriend came to Costa Rica, we got married i was wondering to go back to the states am i going to have to pay a waiver for overstaying my visa and how likely am i to get my visa to go back and be with her
Answer Dear David; Your unlawful stay until age 18 is not counted but, unfortunately there is a 2 year period after age 18. That means you probably have a ten year bar to re-entry. (10 years from the date of departure from the US.)
You may have to apply for waiver and you should be fine. However, I would advise you to have a proper professional help in your case because the waiver issues are quite complex and you would definitely need one to properly process your case without any problems.
Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.
Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.
Organizations Member - AILA.
Bar Council of India.
Education/Credentials LL.M - Benjamin N. Cardozo School of Law, NY.
LL.B - Campus Law Center, University of Delhi, New Delhi.