Do I Have the 10 Year Ban

[sirius]

Hi everybody i am new to this forum and i really need some help if possible..here is my story:
i entered USA with a J-1 visa when i was 16 years old...after 1 year i overstayed the visa and at that time i was 17 ...now before i turned 18 i booked a ticket to go back to my country and 1 month after i turned 18 i came back to my home country..now my question is that do i have the 10 year ban or not considering the fact that i was 17 when i overstayed and i booked the ticket before i turned 18 and left the country 1 month after i turned 18..and if i have the ban or something like that what should i do to go back to usa ..and please be specific because i dont understand this stuff much....
thank you in advance

[waitingdreamer]

You should read the sticky on bans in the I-601 section of the forum. Time does not start accumulating until you turn 18. If you left at 18 and one month then you had ~30 days of unlawful presence that count against you. This is less than 180 days so there is no ban involved.

Are you marrying a USC or do you have a family member who would like to petition for you? You should consult with a lawyer to discuss your overstay to see what options you have.

[sirius]

thank you so much for the reply .but my question is that can i apply for the green card lottery will i have any problems at the embassy? btw yes i do relatives but not very close tho...

[Coventrated]

You can apply for the lottery.

[sirius]

well if win and i show up at the embassy and they see my situation because i guess they have every thing in the computer..will they say something will they deny my visa or not?

[cupcake]

How many days did you overstay your visa by? Did anyone like an immigration judge declare you to be out of status?

You should disclose your immigration history honestly. An adjudicator will see your immigration history, but you will most likely not have any bans.

[sirius]

not even 30 days...and i wish to apply for the lottery but i am afraid they will deny it when i go to the embasy to get the visa :/thats my worry

[cupcake]

I don't know what they would ban you with unless you have some other immigration history you haven't shared. You left when you were supposed to leave. You left before the grace period ended. You were also only 17. Illegal presence bans do not start acquiring until you are 18 and a half. You can read INA 212 (a)(9)(B) for more information.

[sirius]

btw i left by my self no one cought me while i was there

[cupcake]

You didn't overstay your visa if what you are saying is true and your age would have trumped the overstay if you really did overstay, which you didn't. You can consult with an immigration attorney about the DV lottery if you want.