QUESTION

What happen if a minor child try to come to USA after he stayed before more than the permit legal time?

Asked on Aug 31st, 2015 on Immigration - New Jersey
More details to this question:
My son came to this country legal with VISA from Guatemala, he stayed more than the legal time Inmigración gave him and he start School here, 2 years later he return to Guatemala but we want to bring him back to USA, his VISA is not expire yet so I want to know if there is any possibility that inmigration agent let him stayed in the country por what would happen to him? 
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
For purposes of answering your question, I will assume that your son holds a visiting visa. If your minor son overstayed the period of time on a visiting visa, his visa is automatically canceled even if the date on it has not expired. Technically he would have to seek a new visa from the American consulate before attempting to come to the U. S. If he decides to come on his present visa, there is a large possibility that he will be turned back at the point of entry because of the overstay and that the visa is automatically canceled. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 28th, 2015 at 2:43 PM

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