I am 22 years old I was taken to the US at the age of 4 months. I already had my interview at CD Juarez but they needed more documents about my residence in 1999 which I was in Mexico, I was 10 years old at that time, and did not remembered that and my parents did not tell me about that. It showed in there system I went to apply for a visa in 1999 at Mexico, so are they going to apply the 10 year bar for lying well I said I did not remebered that which I didnt I was only 10?



Phil's picture

Unlawful Presence for Minors and Application Errors

Hi, thank you for posting this question. It's hard to tell you anything definitive without having the opportunity to fully evaluate the facts and circumstances of your case. However, I can tell you a few things generally.

1. Any time that you were unlawfully present in the U.S. as a minor (before you turned 18) should not count against you for purposes of the 3/10 year bar.

2. In order for a false statement or claim made in an immigration application to be a problem it has to be fraudulent or by a willful misrepresentation. In this case, it does not seem to be either fraudulent or willful since you simply were unaware of the application for a visa in 1999. This is entirely understandable since you were only 10 years old at the time. However, it is important that you immediately disclose and explain this in detail so that this fact is clear.

Cases like yours are very complicated and it might be wise for you to get some professional assistance with your case. If you do not have legal counsel and think you might like some help with this please email me and we can discuss in more detail.

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