Need help for minor (almost 17) case

[Azul y Vampy]

I hope you guys can help me figure this one out :) My cousin's daughter will be petitioned by her newly-LPR mom (or USC stepdad, not sure), and we're not sure if she will be eligible for a visa... here's her timeline:

2000: EWI #1 when she was 8
early-2001: Left the US when she was 9 (after accumulating +1 yr of illegal presence)
late-2001: EWI #2 when she was 10
Today: still in the US, and will turn 17 in a few weeks

So as you can see, she has 2 EWI, and accumulated more than 1 year in between, but she's a minor. Will she be eligible for a visa? or is it after she turns 17.5 yrs when she will need a waiver... but can't file a waiver because of her previous EWI's?
I'm not sure if they have filed the I-130 petition yet, but will it make a difference if they send it before she turns 17?

Thanks in advance for all your help :wink:

[Laura]

I am fairly sure she needs to leave the U.S. before turning 18.5, so she doesn't have a bar. If she stays past 18.5 she will get a bar when she eventually has her interview and will not be eligible for the waiver the way they are interpreting things right now, because she's 9(c) even though she's a minor. Does that make sense?

But if she leaves before she accumulates enough illegal presence to trigger a bar she'll be okay and not need a waiver at her interview. The stepdad should petition her - much faster!

[monki12]

wow azul , this is very complicated.

AT first i wanted to say that she would be ineligible for the waiver because of the new way they are interpreting the law now. My hubby ewi twice both as minors and cant file waiver.....however, if she leaves now will that clean her slate? im not sure. I can ask laurel for you....or you can do it yourself, if you want. I remember member cronaldo left before triggering the ban and was approved for the visa without needing a waiver, but he only had 1 ewi.....

[Laura]

It is weird, but if she doesn't accumulate any illegal presence that count, she doesn't need a waiver. If she needs a waiver, she will not be able to get one with those dates right now, but she doesn't need one until she stays past being 18.5. Crazy, huh?

[Azul y Vampy]

I am fairly sure she needs to leave the U.S. before turning 18.5, so she doesn't have a bar. If she stays past 18.5 she will get a bar when she eventually has her interview and will not be eligible for the waiver the way they are interpreting things right now, because she's 9(c) even though she's a minor. Does that make sense?

But if she leaves before she accumulates enough illegal presence to trigger a bar she'll be okay and not need a waiver at her interview. The stepdad should petition her - much faster!

Ok, so she's considered a minor until she turns 18? (for some reason I thought it was 17) So she can leave before she accumulates 6 months of illegal presence as an adult (18.5), and should receive her visa in CDJ without needing a waiver, correct?

wow azul , this is very complicated.

AT first i wanted to say that she would be ineligible for the waiver because of the new way they are interpreting the law now. My hubby ewi twice both as minors and cant file waiver.....however, if she leaves now will that clean her slate? im not sure. I can ask laurel for you....or you can do it yourself, if you want. I remember member cronaldo left before triggering the ban and was approved for the visa without needing a waiver, but he only had 1 ewi.....

Unfortunately, I can't get into Laurel's chat at work, so can you be kind enough to ask her if she'll be fine to get her visa if she leaves before turning 18.5? :shy:

[monki12]

I'll ask.....

The more i think about it, the more i side with laura....:bounce: But i will ask just in case, you never know how they are intrepreting stuff these days.

hey azul,
Cronoldo was petitioned by his sted dad....since the dad was the usc it was faster...I think thats what he said.

[Azul y Vampy]

Thanks Monki :) I looked up the thread for questions for Laurel and added my question.

I will let my cousin know about having her stepdad file the petition, instead of the LPR mom. Thanks for the tip!