Will my fiance be able to come back to the US if she lived here illegally but was a minor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will my fiance be able to come back to the US if she lived here illegally but was a minor?
My fiance lived here in the US illegally for 9 years, however, she was a minor and left before she turned 18. Now I want to apply for a K-1 fiance visa for her to come back now that we are over 18. Is there anything that could keep her from coming back? Does the 10 year bar apply to her?
Asked on March 31, 2012 under Immigration Law, Florida
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As long as she left the US before she turned 18, she would not have triggered the 10 year bar even if she was in the US unlawfully for a period of 9 years before that. She should be eligible for the K-1 visa once the petition is approved by the USCIS.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.