Is there any problem to get F1 visa with an overstay of 3 and a half months on H4 visa when I was 7 years old?

Hello,

I went to US on H4 visa when my mother was working there.I was 7 years old then.My mother tried for a visa extension ,as it did not happen we came back after a visa expiry of 3 and a half months.Now I want to apply for a F1 visa .Is there any problem to get F1 visa after a gap of 12 years?

Thank You,

Surekha Billa.

Hi Surekha,

You should be fine as you were under 18 years of age and minor at that time. As per “9 FAM 40.92 N4.1 Minors”, you do not accrue any unlawful presence. Check page 7 : http://www.state.gov/documents/organization/87120.pdf