Left Before Dream Act

Hello everyone,

I was wondering if anyone knows what I can do about my situation. My situation is that I was brought the the US when I was around 5 years old. I have a social security number, but it says that it can't be used for work. I started out in private school for a short time. A family friend told my family that it was ok for me to transfer to public school. They helped my family complete the necessary paperwork. I attended elementary, middle, and high school in the states and stayed an additional year after I graduated from high school.


I didn't realize that I was out of status until I tried for my drivers license in high school. They told me my paperwork was expired. I was shocked. At the time, I figured that I at the very least had to complete high school since I couldn't really read my native language. The way I figured, if I didn't get a high school diploma in the states then I wouldn't ever get one because I wouldn't know how to study in my native language. I had stayed an additional year because I had hoped that the dream act would pass. When it didn't, I convinced my family to let me return to my home country. I was 19 going on to 20 at the time. I didn't want to live in fear.


None of my family worked in the US. In fact, I was the only one that was out of status. My family members flew back and forth between our home country and the US. They also hired someone else to take care of me. I also never worked and wasn't involved in any criminal activities. I usually try my best to follow the rules so you can imagine my anger at my family when I found out about my status. I have forgiven them and no longer blame them because they hadn't been fully aware and only wanted the best for me but I just have to wonder if there was a chance for me to go back to the US on a tourist/visitor visa.


I would like to visit my friends. I am currently a senior at my University. I would like to visit my friends during my winter vacation which is coming up. I would also like to go there just for the sake of vacationing. Would the fact that my country has become a member of the visa-waiver program change anything? I have read about the 10 year bar. Am I part of this bar? I went back to my country on my own and I don't believe I was stopped at the airport. I also don't remember having to turn in anything or do anything. I'm really confuse about my situation, so I would really appreciate it if there was someone out there that could answer my questions. I am really worried about my eligibility to apply for a visa. Thank you very much.

What country are you from?

Regardless of whether you voluntarily departed or not, the re-entry ban schedule is as follows (upon turning 18 years old):

• Unlawful presence of 180 days up to 1 year = 3 year ban

• Unlawful presence of 1 year or more = 10 year ban

Again, these time frames come into effect after you turn 18 years old. Basically, you have ~6 months to leave the country after your 18th birthday to not trigger a ban.

Sorry, there's the 10 year ban.

I think he/she is Chinese judging by the 888.

Anyway, you mentioned that you were the only one out of status in the family, so can't you apply for family-based green card through your folks?

The dream act hasnt passed.

I think you might have a chance to come back. Your Country is Taiwan right? It doesn't need a visa to enter United States anymore and you might just be able to enter again. The 10 year ban doesn't apply until an officer find out your unlawful status. Since you entered so many years ago, they may not have the record anymore, but even they do, they won't know that you over stayed your visa.

Right. They wouldn't have taken her ID at the airport and would have no idea that she overstayed her visa because somehow, many years ago, they didn't take records. Right.

. I have seen case where people over stayed their visa and was able to travel to the state again. I'm not sure if OP can come back or not, then but there is a small chance that he might be able to because he doesn't need to go through the process of obtaining a visa.

I have a Hong Kong passport and I can travel to Canada without a visa. When I traveled to Canada many years ago, all they did was look at my passport and stamp something on it, then I was good to go. They didn't check anything else, at least not that I know of.