Voluntary Departure As Minor and Now Married to a U.S. Citizen

[nea90]

My family and I left the United States when I was 14 years old. We went back to Mexico. My mother, my brother, and I had a tourist visa but we overstayed for almost 6 years. At some point we obtained a work permit that later expired. We were given voluntary departure from the court but my parents appealed and were granted an extension to stay. My parents appealed for another extension but we left the country and never knew if that extension was approved. I kept a relationship with my boyfriend (now husband). Since we left, he came to Mexico to visit me whenever he could. The relationship worked out and we got married here in Mexico.
My husband is a U.S. citizen. He petitioned me with the I-130 form as his spouse and the application was approved. The process went normal and 10 days ago I had my interview at the American consulate in Ciudad Juarez. The officer checked my record and told me that it appeared that I had been deported and therefore needed to summit a waiver form (I-212) to proceed.
Is it legal for them to be asking for a waiver since I was a minor when I went to the U.S. and was still a minor when I left? It is to my understanding that minors do not accrue time as illegal aliens until 40 days after of that person‘s 18th birthday.

I would appreciate immensely.
I need to know immediatly!!!

[T53147]

It is in your best interest to be working with an attorney in order for you to have the best outcome for your problem.

[nea90]

Ok I edited the information so you can better understand the case, I just need that one question answered. I really need to know If we can avoid the waiver and look for any other option that can be faster. As I understand I-212 waiver can delay for at least 6 months, is that correct?

[Mr. Knowitall]

From what you say you don't have a bar due to overstay, but instead have a bar due to deportation. As your family did not document your departure, it appears that the government believed that you were still in the United States, hence proceeding to resolve your pending appeal and ultimately to issue an order of deportation. Do you have any documentation that can establish when you in fact left the U.S.?

What's the rush? I'm skeptical that you're going to make the wheels of bureaucracy turn any faster.

[T53147]

A waiver is not necessarily granted. You may not receive approval for reentry even with marriage to a US citizen.

You problems were not caused by the US government but by your mother's failure to abide by US law. You will have to be patient and work with an attorney recognizing that your husband and you may need to make your life together in Mexico.