Recent News

08/25/2008

US Consulate in Ciudad Juarez, Mexico no longer applies “exception for minors” when determining period of unlawful presence in some situations

Generally, foreign nationals who have accrued specific periods of unlawful presence in the United States will be barred from admission to the United States for three years, ten years, or permanently, depending on the period of unlawful presence and whether or not the alien has had previous immigration violations or has previously been ordered removed. However, an exception exists for minors whereby any period of time when the alien was less than 18 years of age will not be counted toward the alien's unlawful presence.

The US Consulate located in Ciudad Juarez, Mexico, under the direction of the Visa Office, has recently decided not to apply the "minor exception" in situations when the alien has had previous immigration violations (such as previous unlawful presence) or has previously been ordered removed, and attempts to reenter the United States without being admitted. This may have a devastating impact with inhuman consequence on Mexican minors who may have entered the US originally with their parents at a time when they were unaware and unable to make independent decision about their presence in the US.