K1-Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

[edgarmanzo0916 3]

ON DS156 FOR QUESTION, Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?; MY FIANCEE WAS BROUGHT INVOLUNTARILY TO THE US BY HER PARENTS WHEN SHE WAS 12 YRS OLD. NOT ON VISA, AND WAS NEVER DEPORTED OR CAUGHT BY IMMIGRATION, NOW SINCE SHE WAS BROUGHT HERE, STOOD HERE FOR TWO YEARS AND THEN HER PARENTS TOOK HER BACK, DOES THIS MEAN SHE SHOULD ANSWER "YES" SINCE SHE WAS UNLAWFULLY PRESENT IN THE USA TO THIS QUESTION? OR IS THIS RELATED ONLY TO VISAS AND DEPORTATION?

[Casprd 167]

You're going to get a bunch of conflicting answers on this one, but I think this is a scenario where you should consult with a good immigration attorney like Mark Ellis. Be prepared to write a detailed letter explaining the situation.

[Bsze 50]

How old was she when she left the US?

[edgarmanzo0916 3]

well to be more exact she entered 12/1992 at the age of 12 and turned 14 then her parents took her 12/1994. i was reading about EWIs and it states that any entry before 04/1997 do not count since thats when the bans went into effect and other laws. but she should still answer yes right cuz she was technically unlawfully present in the US. what yall think??

heres the link

http://immigrate2us.net/forum/showthread.php?93541-Entering-Without-Inspection-(EWI)-Bans-and-more-(Spanish-to-be-included)

Edited June 16, 2011 by edgarmanzo0916

[TBoneTX 43,247]

You'd better have heavy documentation, and most definitely caucus with a SHARP immigration attorney before you claim anything on any forms, si man.

[edgarmanzo0916 3]

You'd better have heavy documentation, and most definitely caucus with a SHARP immigration attorney before you claim anything on any forms, si man.

what do u mean? a paper to support that fact?? what about that link? can i print that out. shes telling the truth. she was in here. she never got deported ever!! no hearings nothing, her parents took her back at age 14 before 1997. and she was brought underaged. she had no choice.

Edited June 16, 2011 by edgarmanzo0916

[KayDeeCee 4,892]

what do u mean? a paper to support that fact?? what about that link? can i print that out. shes telling the truth. she was in here. she never got deported ever!! no hearings nothing, her parents took her back at age 14 before 1997. and she was brought underaged. she had no choice.

She was a minor, so she would not have accrued any period of unlawful presence for a ban. I wouldn't lie on the form. I would say yes, and attach a statement about it with all the facts, dates, and that she was a minor. I would also seek the advice of an immigration attorney before going through with anything though.

[LIFE'SJOURNEY 970]

She will need proof to show that she was back in Mexico at the time you have indicated that she left the US and arrive back, Her saying so, is not concert proof. School records, medical bills, would be helpful.

[JimVaPhuong 4,863]

ON DS156 FOR QUESTION, Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?; MY FIANCEE WAS BROUGHT INVOLUNTARILY TO THE US BY HER PARENTS WHEN SHE WAS 12 YRS OLD. NOT ON VISA, AND WAS NEVER DEPORTED OR CAUGHT BY IMMIGRATION, NOW SINCE SHE WAS BROUGHT HERE, STOOD HERE FOR TWO YEARS AND THEN HER PARENTS TOOK HER BACK, DOES THIS MEAN SHE SHOULD ANSWER "YES" SINCE SHE WAS UNLAWFULLY PRESENT IN THE USA TO THIS QUESTION? OR IS THIS RELATED ONLY TO VISAS AND DEPORTATION?

By strict interpretation of the question, the answer would be "no". She didn't have a visa, so she didn't violate the terms of any visa. Minors are not defined as "unlawfully present". She was never deported.

[edgarmanzo0916 3]

By strict interpretation of the question, the answer would be "no". She didn't have a visa, so she didn't violate the terms of any visa. Minors are not defined as "unlawfully present". She was never deported.

does anyone know a good immigration attorney that i can just call and ask?? with phone number? im really really confused, i get a yes here a no there, me personally i would put yes because it states that if she EVER was unlawfully present present it doesnt say anything about being a minor (ok i just saw in that same law, INA 212 (a)(9)…

(B) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States, is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I). The law that provides the 3 year, 10 year and lifetime bans, INA 212(a)(9)(B) and INA 212(a)(9)©, took effect in April 1997. In effect, entries or time spent illegally in the US before April 1997 do not “count” against the alien in terms of making him/her ineligible an I-601 waiver.

[Harsh_77 716]

ON DS156 FOR QUESTION, Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?; MY FIANCEE WAS BROUGHT INVOLUNTARILY TO THE US BY HER PARENTS WHEN SHE WAS 12 YRS OLD. NOT ON VISA, AND WAS NEVER DEPORTED OR CAUGHT BY IMMIGRATION, NOW SINCE SHE WAS BROUGHT HERE, STOOD HERE FOR TWO YEARS AND THEN HER PARENTS TOOK HER BACK, DOES THIS MEAN SHE SHOULD ANSWER "YES" SINCE SHE WAS UNLAWFULLY PRESENT IN THE USA TO THIS QUESTION? OR IS THIS RELATED ONLY TO VISAS AND DEPORTATION?

I would say “yes”--> most likely she would get away with it since she was minor at the time.

You will have some explanations and stuff right now, but once she gets her visa it will be clean and clear and you will have no worries.

If you don’t mention that on your form and 10 yrs later even after she has got her US citizenship, she will always have this worry about lying on the form and if ever got caught it could be held against her as mis-representation. Worst case even her US citizenship getting revoked so to stay away from all that hassle I would mention it now and get over it.

Edited June 16, 2011 by Harsh_77

[pushbrk 12,150]

what do u mean? a paper to support that fact?? what about that link? can i print that out. shes telling the truth. she was in here. she never got deported ever!! no hearings nothing, her parents took her back at age 14 before 1997. and she was brought underaged. she had no choice.

He means document when she came and went. The Consular Officers will know the applicable law. Tell the truth and explain it fully. Document it if you can.

[Shenzhen 34]

ON DS156 FOR QUESTION, Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?; MY FIANCEE WAS BROUGHT INVOLUNTARILY TO THE US BY HER PARENTS WHEN SHE WAS 12 YRS OLD. NOT ON VISA, AND WAS NEVER DEPORTED OR CAUGHT BY IMMIGRATION, NOW SINCE SHE WAS BROUGHT HERE, STOOD HERE FOR TWO YEARS AND THEN HER PARENTS TOOK HER BACK, DOES THIS MEAN SHE SHOULD ANSWER "YES" SINCE SHE WAS UNLAWFULLY PRESENT IN THE USA TO THIS QUESTION? OR IS THIS RELATED ONLY TO VISAS AND DEPORTATION?

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I). The law that provides the 3 year, 10 year and lifetime bans, INA 212(a)(9)(B) and INA 212(a)(9)©, took effect in April 1997. In effect, entries or time spent illegally in the US before April 1997 do not “count” against the alien in terms of making him/her ineligible an I-601 waiver.

I would say no per the US governments own rules and regulations. Do not ask for trouble where there is not any.

[Codeblue009 3]

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I). The law that provides the 3 year, 10 year and lifetime bans, INA 212(a)(9)(B) and INA 212(a)(9)©, took effect in April 1997. In effect, entries or time spent illegally in the US before April 1997 do not “count” against the alien in terms of making him/her ineligible an I-601 waiver.

I would say no per the US governments own rules and regulations. Do not ask for trouble where there is not any.

Per the rules, the answer to me seems like no. Good Luck to you.

[Boiler 43,593]

I would say YES

She was unlawfully present but it has no consequences. It did not accumulate.