QUESTION
Will violations done as a minor count against an adult?
Asked on Apr 15th, 2013 on Immigration - Arizona
More details to this question:
I am a U.S Citizen planning to petition for a change of status for my wife. My wife came originally as a child with a tourist visa and i-94 (which is no big deal) Where it gets complicated is that her family kept traveling in and out of the country for years (surprisingly with no problems) The last time she left and came back was when she was still a minor (16 years old) with her visa and a renewed i-94 so technically with inspection. She never left the country after that. I know there is penalties for people who leave after overstaying, but she was a minor at the time with really no control over it. Will that count against her in any way?
2 ANSWERS
Immigration Law Attorney serving San Diego, CA
3 Awards
Section 212(a)(9)(B) imposes a three or ten year bar from admission to the US on an applicant who has accrued more than a 180 days but less than a year of unlawful presence (3 yr bar) or one year of unlawful presence (10 yr bar). The bar does not apply to persons who accumulated their unlawful presence while under 18 years of age, as long as the last entry was with inspection and admission which you indicate was the case. If the person entered without inspection, on the other hand, then there would be a bar and it would not be 3 or 10 years, but permanent. From the facts as you relate them, this is not the case, but please be careful that you provide the facts accurately to whoever assists you, whether it is our office or another, so that you do not have unforseen problems.
If you wish a=our office to assist you with this, please feel free to contact us at (619) 291-1112.
Sincerely,
Jan Joseph Bejar, Esq.
For: JAN JOSEPH BEJAR,
A Professional Law Corporation
Answered on Apr 17th, 2013 at 1:04 PM
2 Awards
Your wife's marriage to a US citizen forgives any period of overstay once she applies for adjustment. There will be no penalties.
Answered on Apr 15th, 2013 at 11:21 PM