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Immigration Law

This is regarding a US Consular Electronic Application

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Center, F2A Visa category. I am...
This is regarding a US Consular Electronic Application Center, F2A Visa category.
I am trying to fill out a questionnaire online. My daughter is 15, and she has been living in the US since 2008, going in and out every few month. Her last entry to the US was in 2013, and she has been in since then. I became a permanet resident December 31 2015 and petitioned her soon after.
We came to the point where she has to leave the US, and I am troubled by the fact that she overstayed. There is a question "Have you ever been unlawfully present in the U.S. for more than one year or more than one year in the aggregate at any time during the last 10 years?"
to which the answer is yes, but I am very afraid to answer. I understand there isn't a guarantee for her to get the immigrant visa, so I need some guidance please on how to answer this and how to address the situation at the consulate.
Submitted: 2 months ago.Category: Immigration Law
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Answered in 4 minutes by:
12/20/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,339
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

I completely understand your fears and concerns.

However, she does not accrue unlawful presence triggering the 10 year bar until she turns 18.

Give me a moment and I will pull the USCIS Memorandum about this exception to accrual of unlawful presence which should give you some peace of mind. I have had many cases where the minor child has remained in the US for long periods of time and then have to depart for consular processing and the consular officers are following the regulations and law regarding the minor child not accruing unlawful presence. The purpose of family based immigration is family unity and that is what is the focus in consular processing of minors.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 months ago

Here you go:

Page 6 top of page (2)Aliens Present in the United States Who Do Not Accrue Unlawful presence...

(A) Minors who are under 18 years of age

http://www.ilw.com/immigrationdaily/news/2009,0515-neufeld.pdf

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 1 month ago
Thank you Judith. So what should I answer:Have you ever been unlawfully present in the U.S. for more than one year or more than one year in the aggregate at any time during the last 10 years?No?Since she doesn't accrue illegal time? Just need clarification.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 month ago

Makes it so difficult when waiting so long to post follow-ups. I have no recollection of this question thread and have to review from the beginning which takes more time. If you would like to consider a bonus, it is appreciated.

You answer "YES.

She has been unlawfully present in the US. That happened when she overstayed her authorized stay.

However, there is a difference at time of consular processing in determining if she "accrued" unlawful presence. Since she was under the age of 18 when unlawfully present she will not have "accrued" unlawful presence to be counted towards the bar.

The key here is "accrue" when determining if the bar applies despite being unlawfully present. She does not begin to accrue unlawful presence towards the bar until the age of 18.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. A bonus is sincerely appreciated.

Judith

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Customer reply replied 1 month ago
Even if she hasn't been in the country 10 years?She has been in the country 9 years.
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Category: Immigration Law
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