Did I overstay in the US as a minor?

[powertrippers]

Hello, I'm a 19yr old male who used to live in the US from Aug 2006 to April 2009 before I came to Ireland. I'm planning on applying for my ESTA on an Irish passport and just want to know if there's a possibility that I might be declined the visa.

I entered the US by plane with my mother on Aug 2006 with a H4 visa to join my father who was working there. Our visas were issued in May 2006 but expired in May 2011. By that time, we were already living in Ireland (left 2 years prior in April 09') so everything seemed to be okay but my mom and I aren't too sure.

I did hear that a visa is only valid not just up until the expiry date but also if issues under another individual and thus ceases to be valid when that person leaves the country. I assume it's the same for the US. My father was out of a job due to recession troubles and left the US for Ireland in April 2008. We stayed in the US for approximately a year.

Now I don't know whether this will be an issue when applying for an ESTA visa on a different passport. I'm now Irish and of age and planning to travel in a few weeks. When they ask "have you ever overstayed a US visa", will my question by Yes or No? And if Yes, would this be the 10 year ban I hear about or not count as I was not of age?

[seanjoe]

Tricky question.
If your dad left at a particular instant, his visa would have ceased to exist from the moment he "abandoned" his status. That time frame depends on the visa type. For eg. if he left to go on holiday with the intent of coming back, then you all could stay in the US till he returns. But if his actions after leaving show intent not to return (ie. he is settled in Ireland or whereever), then his visa is actually no longer valid and your visa status is no longer valid.

Yes, in my sight, you are overstayers and would have to declare it, and then let the visa officer decide your fate.

Good luck.

Ignorance is never considered in your favor in most countries. Sorry to be the bearer of this news.