Infopass appointment regarding undocumented child of USC

[kjenkins86 5]

Hi everyone,

my question is in regards to an infopass appointment. A USC has her 11 yr old daughter here with her, BUT the child came undocumented, no visa or passport, came in someone's name. The USC petitioned for the child and it was approved but she didn't know it was approved because the lawyer never told her, this was 2 years ago, thus making it too late to act on that approval. However, she now has an infopass appointment and basically the concern is IF she should mention specific details about the case (such as case number, name etc) OR should she just ask general questions as to how the child can be helped, whether it be by the child going back to her native country or be help by staying here in the US.

Thanks in advance for your input/replies

[Anh map 2,098]

Sounds like a consulatation with an attorney would be a good start. If you're in the NYC area there is an attorney on a noon(ish) most days. It's a station that features a lot of Jamaican focused programming. In the 90's (I think) on the FM dial. I hear the show when I am passing through the City on my way down to South Jersey. He will accept phone questions as well as refer people to his immigration law firm.

I don't recall the name or the station call letters, but I am sure that it can be found on Google.

*** Found it - Link Up Radio 93.5

Edited August 24, 2010 by Anh map

[kjenkins86 5]

Sounds like a consulatation with an attorney would be a good start. If you're in the NYC area there is an attorney on a noon(ish) most days. It's a station that features a lot of Jamaican focused programming. In the 90's (I think) on the FM dial. I hear the show when I am passing through the City on my way down to South Jersey. He will accept phone questions as well as refer people to his immigration law firm.

I don't recall the name or the station call letters, but I am sure that it can be found on Google.

*** Found it - Link Up Radio 93.5

Thanks for your reply!

She did call him and his response was that the child has to go back to Jamaica when it's time for the interview, medical etc but of course there's that fear of going to the airport undocumeneted eventhough she'll be going home.. Thanks again!

[RICARDO4EVA2 194]

I don't think it really matter if the child name is mentioned.. The partition was filed and with such information. But assuming the case is mentioned might give a more case related answer when u speak with an immigration officer. It is the chance that people take when they enter the usa without the necessary. The reason why one is required to have the interview overseas or in their home country it because they have to "enter the usa and be inspected" and since there is no proof how he/she got in. its up to the CO overseas to approve such an interview. Hope it wouldn't be too hard for a minor who didn't make the decision.

As far as going back to jamaica and submitting the document s I don't think that'll change any thing. I would get a lawyer involved especially since the person doesn't have a I94 card.

[LIFE'SJOURNEY 970]

When kids enter the US illegally

Ask the US Embassy

Wednesday, August 25, 2010

http://www.jamaicaobserver.com/news/When-kids-enter-the-US-illegally_7901295

Q. What is US immigration law regarding the illegal entry and illegal presence of minors, and what are the repercussions for children illegally present in the United States?

A. Legal Repercussions for Children

Youngsters are seen here seeking to enter the United States the legal way, by applying for a visitor's visa at the American Embassy in Kinsgton.

Youngsters are seen here seeking to enter the United States the legal way, by applying for a visitor's visa at the American Embassy in Kinsgton. 1/1

Illegal entry into the US and illegal presence in the US can affect applicants interviewing for both non-immigrant and immigrant visas. Under US immigration law, illegal entry into the US can result in deportation or removal from the US, as well as a permanent ban on re-entry. Specifically, illegal presence in the US is penalised by:

* a three-year ban on re-entry for being illegally present between 180 and 365 days; or

* a 10-year ban for being illegally present more than 365 days.

However, any child under the age of 18 is not held accountable under US immigration law for being illegally present in the United States. While children are not penalised for illegal presence prior to the age of 18, it is important to understand that the clock on illegal presence begins to toll on the child's 18th birthday. Therefore, the day a child turns 18, he or she is personally responsible for their illegal presence and the associated penalties apply to them as well.

This means that, once a child turns 18, he or she has 179 days to leave the United States if they wish to avoid the statutory ban on re-entry.

Legal repercussions for adults responsible for the child's illegal entry or presence

Although children who enter and remain in the US illegally are not punished for being illegally present, there are harsh penalties for any adult found to have assisted a child to enter the US illegally or remain in the US illegally.

Adults who live in the United States, who are found to have aided someone in travelling to or residing in the United States illegally can be found guilty of alien smuggling and fined and/or imprisoned for up to five years. For non-US citizens, this is considered an aggravated felony, and is therefore a deportable offence.

Adults who live outside of the US and are found to have assisted someone in travelling to or residing in the US illegally will be permanently banned from entry into the US. Furthermore, if anyone assists a child in entering the United States through misrepresentation, or through a false claim of US citizenship, this will result in further ineligibilities (disqualifications), which also prevent entry into the United States.

If the visa officer determines that an applicant has violated US immigration law, the penalties under the law are mandatory and not at the discretion of the visa officer.

Applicants for immigrant visas can apply for waivers for some statutory ineligibilities in certain circumstances. Note, however, that there are no waivers for some ineligibilities, such as an ineligibility based on a false claim to US citizenship.

With all visa applications, it is important to be forthcoming and accurate with the information included in your application and presented at your interview. Our office's goal remains to issue visas to qualified applicants that have legitimate purposes of travel.

For more information on current immigrant visa processing, you may visit the US Embassy's website, http://kingston.usembassy.gov. Details of the applications, which are now current and being scheduled for interviews, are available through the Department of State's Immigrant Visa bulletin at http://travel.state.gov/visa/bulletin/bulletin_1360.html.

The American Embassy staff in Kingston will answer any questions you may have regarding US consular law, regulations and/or practice. In order to respect the privacy of applicants, the embassy will not answer questions on specific personal applications. Send your questions to:

This was just posted today.

[LIFE'SJOURNEY 970]

BTW, the mother can obtain a correct JA passport for the child at any time, and I suggest that she do this. The passport can be obtained thru the Jamaican Embassy or on-line.

As you can read from the post above, the child at her given age now will not be punished, but what may happen to the adults involve is a different matter.

[kjenkins86 5]

BTW, the mother can obtain a correct JA passport for the child at any time, and I suggest that she do this. The passport can be obtained thru the Jamaican Embassy or on-line.

As you can read from the post above, the child at her given age now will not be punished, but what may happen to the adults involve is a different matter.

I completely understand, that was some very useful information. Thanks a lot!!!

[RICARDO4EVA2 194]

Yes useful info... Helped me avoid some situations too

[Darnell 8,478]

The USC petitioned for the child and it was approved but she didn't know it was approved because the lawyer never told her, this was 2 years ago, thus making it too late to act on that approval.

was an I-130 filed? with possible interview in Kingston?

If so, that I-130 approval never expires.

It may be possible to 'kick start' the NVC process for the child, but I'd be highly concerned about the entry into USA, at this point.

if, instead, an AOS case (I-130 and I-485 filed together) , with interview in USA, then I don't know what to tell you.

Can you find out, dig a bit, what's what?

[kjenkins86 5]

The USC petitioned for the child and it was approved but she didn't know it was approved because the lawyer never told her, this was 2 years ago, thus making it too late to act on that approval.

was an I-130 filed? with possible interview in Kingston?

If so, that I-130 approval never expires.

It may be possible to 'kick start' the NVC process for the child, but I'd be highly concerned about the entry into USA, at this point.

if, instead, an AOS case (I-130 and I-485 filed together) , with interview in USA, then I don't know what to tell you.

Can you find out, dig a bit, what's what?

An I-130 was filed...

[Darnell 8,478]

ok - re: what to ask at the infopass appointment. I'm sorry, anything I might suggest would be a violation of the TOS, as the child is in the USA illegally.

You may want to pose the same question over at http://www.immigrate2us.net

Edited August 26, 2010 by Darnell

[kjenkins86 5]

ok - re: what to ask at the infopass appointment. I'm sorry, anything I might suggest would be a violation of the TOS, as the child is in the USA illegally.

You may want to pose the same question over at http://www.immigrate2us.net

Ok thanks for your reply!

[kjenkins86 5]

Ok so we went to the appointment and it wasn't ad bad as I thought. They were very helpful and extremely nice. When we got there we first spoke to a male and while I was explaining I didn't mention any names so he asked if we filed before and the response was yes, so he said hold on. At this point I worried but he went to get someone more experienced. So she took us to her counter, we explained the situation again and basically the child has to go back to Jamaica for medical, interview etc. IF she was petitioned for BEFORE 2001, then she could've completed everything here. As far as the penalty, that they said is dependent upon the consular officer in Jamaica when the child gets there...

Thanks everyone for you comments and replies!

[Darnell 8,478]

ya - to 'get the interview' at Kingston -

the USC mother needs to 'kick start' the I-130 into NVC - suggest she call into NVC today, make specific inquiries, then expect to handle 'normal' NVC processing for the child (DS-230, I-864, online payments, etc etc)

Good Luck !

[Darnell 8,478]

hey - any news on 'kick start at NVC' ?