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Thread: I don't know my situation, Anyone?

  1. #11
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    Yes I was thinking that? Let's say the records come out I was deported, I was 13 years old and kids don't get bans right?
    Thank god I found this helpful and friendly forum

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    Yes, bans do count against children, though there are sometimes ways to get around that depending upon age. You are really going to need to file the FOIAs and find out what is going on with your case, then you can make decisions from there.
    Just getting started? Here are some guides to help you learn more about the process:
    Help! My foreign spouse/fiance is or was illegally present - what do I do?
    EWI, bans, and what you should know BEFORE filing
    Self-Test for Waiver Inadmissability
    What to look for when hiring an attorney

    Other useful guides:
    All About the I-601: Resources for Proving Extreme Hardship
    Guide to Removing Conditions for Conditional Visas (I-751)
    Guide to Select Service
    How to Enlist the Help of Your Elected Officials
    Member Recommended Attorneys

    **Disclaimer: I am not a lawyer and am only drawing on personal experience. Please consult with an experienced attorney regarding your case specifics before taking any action.

  3. #13
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    I waa 13 when got sent back to mexico. I wonder why they took us to the border patrol station? I had entered legally with my bcc. Either way lets say nothing or some records come out in foia, Am I eligible to adjust status? The main requirement is entered legally which i did?

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    United States agencies are eligible to subject aliens within 100 miles of a land border to expedited removal unless the alien demonstrates to authorities that they have been continuously present in the United States for at least 14 days. Re-entry after removal without advance permission to reenter renders an alien inadmissible, and I do not know any statutory or procedural exception to the application of this rule towards minors.

    Despite this worst case scenario of you having to live abroad for a decade, I would not worry about it now, not until you get back your FOIA results from all the relevant agencies. I think I read in another thread that you only filed an FOIA request with USCIS, which would not normally keep a record of this kind of "toss 'em back" removal. You should request records from CBP and OBIM as well, and possibly ICE

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    I'm so desperate I don't know what to do

    What would the worst scenario me applying for aos and getting denied? What would be the denial?

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    Quote Originally Posted by inadmissible View Post
    Re-entry after removal without advance permission to reenter renders an alien inadmissible
    According to what section of the law?
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

  7. #17
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    What i read everywhere is childrens don't get bans. I committed a re-entry with a visa. Yet I didn't committed they brought me here at 14 years old

    What I'm scared is to apply and send photocopies of my bcc front and back as proof of entry. Im just scared it could be denied but under what law?

  8. #18
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    Quote Originally Posted by Skymusic View Post
    What i read everywhere is childrens don't get bans. I committed a re-entry with a visa. Yet I didn't committed they brought me here at 14 years old

    What I'm scared is to apply and send photocopies of my bcc front and back as proof of entry. Im just scared it could be denied but under what law?
    Children get bans the same as adults. The only one where being a minor is relevant is that "unlawful presence" for the purposes of the 9B ban is not accrued while under 18.

    I do not see any bans that you would currently have even if you were removed.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

  9. #19
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    Thanks buddie! Ok lets say I would apply already. Worst scenario getting denied, What could cause my aos denied basis of what I've told you guys?

  10. #20
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    There might be some complications if you were really "removed".

    There's INA 276, which says that if you were removed and entered without permission to reapply when you were required to get one (for a regular removal from inside the US, there is a 10-year 9A ban, during which you are required to get permission to reapply), you can be fined or imprisoned. It says nothing about whether you entered legally or illegally so I don't think your legal entry helps. But this is just a criminal punishment and not a bar to AOS by itself.

    There's also something called reinstatement of removal, INA 241(a)(5), which says that someone who is removed and then enters "illegally" can have the removal reinstated, and are not eligible for any benefit. But it should not affect you as you entered legally. However, there is some uncertainty about what the word "illegally" means in this section, and whether someone who was inspected and admitted but who were required to get permission to reapply and didn't get it, could be considered to have entered "illegally" for the purposes of this section.
    -----------------------------------------------------------------------------------------
    This is my personal opinion and is not to be construed as legal advice.

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