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!!!