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Unlawful Presence As a Minor

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  • 02-14-2012, 07:11 AM
    thadpole
    Unlawful Presence As a Minor
    A couple of weeks ago I posted a thread on the situation of my Australian girlfriend who overstayed her visa while she was 17 and I have an update on what exactly happened.

    Somehow she enrolled in a school under the visa waiver system for her final year of high school during the 2010-11 school year. She was 17 years old during her entire ordeal in the United States. Her father married an American citizen with three adult daughters so my girlfriend was living with her step-sister during her stay here. In late January of 2011 she took a weekend trip to Canada with her sister and when she re-entered the U.S. they found that her visa expired in a few days and that she was illegally attending school, which she was clueless about. She claims that the customs agents considered an immediate deportation but instead they gave her two weeks to say goodbye and pack her things. But rather than leave, she consulted and attorney and applied for a greencard with her step-mom as a sponsor. The attorney advised her to finish school and stay in the country while the application was processing. In August, however, she got in a huge fight with her step-sister, who kicked her out. Being a teenage girl, she refused to apologize and her real mom wound up flying her back home after a few weeks of living with her best friend.

    She has been extremely unhappy since she left in August of 2011 and wants more than anything to visit the U.S. for the summer, but she's afraid that she has a 3 year ban for some reason. The customs agents gave her no paperwork or documentation that would give her any information on her situation, just a strange code written in her passport which i won't include here in case it contains personal information. But based on the information I've given, is it possible that she could be barred from entry even though she was 17? And how should she proceed from here if she wants to come back in say, May or June? Is it possible to somehow search for the official legal status of a specific individual? She turned 18 last October so she is no longer a minor.
  • 02-14-2012, 07:15 AM
    flyingron
    Re: Unlawful Presence As a Minor
    The deportation order was enough to put the three year ban in play. You need a good immigration lawyer (and not the one that told her to break the law) to apply for a waiver and whatever visa is appropriate.

    No you can't just "search" for the legal status. That information doesn't for all purposes exist until someone reviews the visa application. However, you know her status. She is barred for three years from even applying for a visa.
  • 02-14-2012, 10:50 AM
    thadpole
    Re: Unlawful Presence As a Minor
    So even though her being under 18 might have exempted her from unlawful presence, the ban still applies to minors who are deported? And isn't there supposed to be a Notice to Appear issued and a hearing held before an individual is deported? It doesn't seem like U.S. Customs would have the authority to order an immediate deportation on a 17 year old without a hearing, but I'm probably wrong about the whole deportation process.
  • 02-14-2012, 11:15 AM
    flyingron
    Re: Unlawful Presence As a Minor
    You don't accrue unlawful presence before 18, but if you're deported, you face a ban, yes.
    Absent continued demonstration of the intent to violate US immigration laws it sounds like she might be a good candidate for a waiver.
  • 02-14-2012, 11:52 AM
    thadpole
    Re: Unlawful Presence As a Minor
    If the waiver you are talking about is form I-601, Application for Waiver of Grounds of Inadmissibility, does this need to be filed by an immigration lawyer? I understand that I should visit a lawyer on her behalf anyway just to make sure this is the correct course of action, but the paperwork seems fairly straightforward plus it comes with pretty thorough instructions. And the filing fee is already $585 so I'd rather not rack up thousands of dollars in legal help if I can avoid it..
  • 02-14-2012, 01:43 PM
    mmadsen55
    Re: Unlawful Presence As a Minor
    Couple things...". She claims that the customs agents considered an immediate deportation but instead they gave her two weeks to say goodbye and pack her things" and The customs agents gave her no paperwork or documentation that would give her any information on her situation, just a strange code written in her passport "

    This does not sound like an official deportation order to me? Although I do not have a lot of experience with them. Try searching the internet for that code to see if someone has posted something about it before. Chances are there is something out there, but remember it is the internet so no absolutes.


    If she did apply for adjustment of status via the Mother in law and received an alien registration number AXXXXXXX, there is a phone number that i have seen posted around that you can call to get a persons legal status. 1-800-898-7180. I called the number to make sure it was legit, and it sounded like it. I did not input any data so I do not know what it will give you, but it is worth a shot to see if it has any info.
  • 02-14-2012, 07:44 PM
    thadpole
    Re: Unlawful Presence As a Minor
    I think what happened to her at the border was not an official deportation, but something called 'expedited removal.' I think since she was on a soon-to-expire visa waiver with no proof that she was going to leave the U.S., the Customs people considered rejecting her at the POE... But eventually settled on allowing her back in to give her a few weeks to pack and say goodbye, maybe because she was only 17? I think if I can figure out the code written in her passport it will tell exactly what she was 'charged' with and why she was stopped at the POE. Does this sound correct? That would explain why it doesn't seem like an official deportation...
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