Can a Minor Be Barred from Reentry

My Australian girlfriend came to America for her senior year of high school. She was 17 the entire time and at some point during the year she traveled to Canada and upon returning to United States she was found to have the wrong visa. She was given a deportation date, but rather than sacrifice all her academic progress she decided to stay until graduation. She must have overstayed for aprox. 7 months or so, but she left on her own terms while she was still 17. She turned 18 last October and now wants to return to America this summer.

My question is will she be barred from entry even though she was 17 during her entire presence in America? I read somewhere that minors are exempt from being barred from reentry until their 18th birthday. So does that mean the bar was implemented once she turned 18, even though she was back in australia by then? She simply wants to visit with through the visa waiver program on tourism this summer. If she is barred, is their any other options for her to return?

Did she leave before her 18th birthday?

Yes, she left America last August and turned 18 in October.. She claims she isn't allowed to reenter through the visa waiver program but i read that time spent in America before the person turns 18 doesn't count towards unlawful presence. If this is true how can she be banned from any visa?

She may be barred from the waiver, but she ought to be able to get a visa. Has she tried?

Concur with flyingron. Unlawful presence does not accrue until your 18th birthday, but that doesn't mean that you're still eligible for the VWP. She'll need to apply for a traditional visa.

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Quoting thadpole

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She was given a deportation date, but rather than sacrifice all her academic progress she decided to stay until graduation.

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Exactly what does that mean? If you are telling us that an order of deportation was issued, that could create an impediment to returning.

She was more than halfway through the school year when she was given a date she had to leave by.. so instead of going back to Australia and restarting her senior year, she stayed past the date she was given so she could graduate on time. So should it still be possible to apply and get the B1/B2 visa even if she can't get the waiver? She hasn't tried anything yet as far as I know.

She needs to consult a US immigration attorney will ALL of the documentation she has. I suspect that she (and you) are uninformed about her true situation since you allude to an order of deportation that she ignored.

I do not understand how she was permitted to enroll in school on the incorrect visa status. There is a lot more to this story.

I'm just going on what she's told me... And since she is a teenage year old girl she is probably clueless as to what really happened to her. Near as I can tell the school just didn't ask any questions when she enrolled due to the fact that it was a very small country town that doesn't deal with international students often. I'll ask if she knows anything more, but how serious can the consequences be if everything happened while she was still underage?

On a side note, if she applies for a visa and is approved, is that the end of it? Or could she run into more trouble once she hits customs in America? I would really hate for her to spend 2 grand and fly 15 hours just to be stopped at LAX and sent back home...

The officer still has final say - even if she has a valid visa - on whether or not she'll be permitted to enter.

I'm afraid there's no guarantee.

Well that's hardly reassuring... I guess she'll just have to turn on her Australian charm and hope that being a pretty 18 year old blonde is enough to get past the officer. Anyway thanks for all the information everyone! Unfortunately neither of us can afford to consult an attorney so we'll just have to wait and see how this all plays out.