Ask Me Help Desk - Overstayed my visa

Hi
I overstayed my US visa in 2009. I came to the US with my mother at the time on a b2 tourist visa. Once my brother received his citizenship in 2012 he then applied for my mother and she receive her green card is in 2013. She then applied for me (I 130 section unmarried child under 21 of permanent resident) and my petition was approved although I couldn't adjust status in the US because I was over 18 and my mother was not a US citizen.

January 2015, I traveled back to my home country Morocco and I still could move on with the petition at the NVC in Casablanca Morocco but I am confused whether I should pay the NVC fees regardless of knowing my low chances of approval (I overstayed more than 180 days at the age of 14 and I am 20 years old now!).

Should I pay the NVC fees and get an interview or not waste the time and money? Please help.

The information given in your post is not very detailed, but you probably have a 10-year unlawful presence ban. If you accrue at least 180 days of "unlawful presence" and then leave the U.S. you have a 3-year ban; if you accrue at least 1 year of "unlawful presence" and then leave the U.S. you have a 10-year ban.

Unlawful presence generally starts accruing when you exceed your I-94 expiration date. However, you do not accrue unlawful presence while under 18. You also do not accrue unlawful presence while you have DACA (however, you couldn't have gotten DACA when you were in the U.S. because the original DACA program requires continuous residence in the U.S. since 2007, which you didn't have).

So, basically, you accrued "unlawful presence" in the time after you turned 18 and before you left the U.S. It's hard to tell from your post how long exactly a period this was, but you said you are 20 now, and you left the U.S. last month, so you were 20 or 19 at the time, which implies more than a year after you turned 18. So you have a 10-year ban, starting from the day you left.

If you have the ban, it's possible to apply for a waiver of the ban with I-601, if you can show hardship to your permanent resident mother if you can't be in the U.S.

HI
Thanks for answering my question and I apologize for not providing the best of details.
I came with mother to the us on August 25, 2009 on B1/B2 visa and overstayed since then.
I believe my brother received his citizenship on 2012 and applied for my mother and she received her green card in may 2013.
She then applied for me and I received the I 797 C form from USCIS on July 01, 2013 ( Receipt Date) and my petition was approved and then was sent on November 15, 2013 for visa processing. On this exact day I was 19 years old and 5 months and 1 day.
So I couldn't apply for adjustment of status because I was over 18 and my mother was only a permanent resident and I also didn't qualify for DACA because I wasn't in the us before 2007.

At the end of 2014 I went to the Moroccan embassy In NY and applied for my moroccan id and then got my passport. Although they made a mistake in one letter of my last name. My last name is ELKARMOUDI but they didn't wrote the R, so it was written "ELKAMOUDI". I am wondering whether this is going to effect my interview at the NVC us consulate? I didn't have any issues leaving the us or when I arrived to morocco on 09 January 2015. I paid the Visa fees yesterday online and I'm going to renew my passport soon because of the mistake it has.

I don't understand what you mean about showing hardship to my permanent resident mother if I can't be in the U.S !
Should I fill and take the I-601 form with me to the interview.
Should I explain to the officer interviewing me my position on the matter and I was only 15 years old at the time and completely ignorant of law and my parents aren't quiet educated!
Thanks for your help

Quote:

Originally Posted by yassinepro946

HI
Thanks for answering my question and I apologize for not providing the best of details.
I came with mother to the us on August 25, 2009 on B1/B2 visa and overstayed since then.
I believe my brother received his citizenship on 2012 and applied for my mother and she received her green card in may 2013.
She then applied for me and I received the I 797 C form from USCIS on July 01, 2013 ( Receipt Date) and my petition was approved and then was sent on November 15, 2013 for visa processing. On this exact day I was 19 years old and 5 months and 1 day.
So I couldn't apply for adjustment of status because I was over 18 and my mother was only a permanent resident and I also didn't qualify for DACA because I wasn't in the us before 2007.

At the end of 2014 I went to the Moroccan embassy In NY and applied for my moroccan id and then got my passport. Although they made a mistake in one letter of my last name. My last name is ELKARMOUDI but they didn't wrote the R, so it was written "ELKAMOUDI". I am wondering whether this is going to effect my interview at the NVC us consulate? I didn't have any issues leaving the us or when I arrived to morocco on 09 January 2015. I paid the Visa fees yesterday online and I'm going to renew my passport soon because of the mistake it has.

I don't understand what you mean about showing hardship to my permanent resident mother if I can't be in the U.S !
Should I fill and take the I-601 form with me to the interview.
Should I explain to the officer interviewing me my position on the matter and I was only 15 years old at the time and completely ignorant of law and my parents aren't quiet educated!
Thanks for your help

So like I said, you have a 10-year ban starting January 9, 2015. The only way you can immigrate to the U.S. without waiting the 10 years outside the U.S. is if you get a waiver. The waiver must be based on hardship to your U.S. citizen or permanent resident spouse or parent (which you have one, your mother). You must show there is hardship to your mother if you can't be with her in the U.S. Yes, you can fill out the form and get evidence to bring to the interview; I am not sure what are the exact procedures of waiver at your consulate, but it doesn't hurt to do it early.

The main reason I came back from the us was because of my mother having hard time dealing with diabetes and I have to look out for her. Their isn't any professional treatment in morocco. I have medical and hospital records for proof. Could this be a hardship and a reason to present to the NVC and also to provide better health care for my mother in the us.!

Quote:

Originally Posted by yassinepro946

The main reason I came back from the us was because of my mother having hard time dealing with diabetes and I have to look out for her. Their isn't any professional treatment in morocco. I have medical and hospital records for proof. Could this be a hardship and a reason to present to the NVC and also to provide better health care for my mother in the us.!

It sounds like it could be. You should consult someone familiar with waivers.

Ok thank you very much.