My niece a romanian citizen came to the us as a child. Her mother overstayed. Neice was listed on mothers change of status petition for residency, but visa number will not be available until 2010. Against legal advise to remain, Niece left the US at age 19 and did not turn in I-94 departure record, 4 months to attend school in England. Neice wants to apply for a visitors visa to visit at holidays. Does telling the truth that she left US after 19 automatically cause a bar to reentry. I'm thinking she needs to wait until she can get an immigrant visa or until romania joins the Visa Waiver Program down the road. She legitematly just wants to visit but I'm pretty sure she will be denied because I sure they will have something that will see she left the US more than a year after her 18th birthday. Has anyone had any experience with how this situation might play out if she tries to apply...can you get in trouble just for asking for a visa. I'm thinking if she gets a bar, and romania goes under the VWP later, that her bar still remains in effect
US visitors Visa Question Romanian citizen?
If she was unlawfully present in the U.S. for a year or more after her 18th birthday, she faces a 10-year bar. If she failed to turn in her I-94, it makes it look like she never left, even though she did. She should mail her I-94 back to the U.S.
The CBP's advice on this topic, essentially, is that the original I-94 should be sent to:
ACS, Inc.
1084 South Laurel Road
London, Kentucky 40744
This must be transmitted with proof of departure. Suggested proof includes the arrival stamp in one's passport and the boarding pass from the flight. Keep copies of any documents submitted. The CBP warns that, without proof of the departure, there is no guarantee that the information will be entered into their system.
Whether Romania becomes a part of the VWP or not, your niece is not eligible to enter the U.S. for ten years from the date of her departure. You were correct in believing that she would be denied a visa and/or admission.
