Does the permanent bar apply to minors?

Are Minors subject to the Permanent Bar? Yes, Minors are not exempt. Generally, “unlawful presence” is not accumulated by minors upon one entry or overstay of a visa. However, the unlawful presence is counted towards the permanent bar.

Is there a waiver for violation of 212 A )( 6 )( C )( ii?

While there is a limited circumstance-specific waiver available for section 212(a)(6)(C)(ii) inadmissibility, the section 212(i) waiver only applies to inadmissibility for fraud or misrepresentation of a material fact under section 212(a)(6)(C)(i).

What is Section 212 A of the Immigration and Nationality Act?

-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

What triggers permanent bar?

Pursuant to statute, the permanent bar is triggered if an alien: Has been unlawfully present in the United States for an aggregate period of more than 1 year or. Has been ordered removed under INA Sec. 235(b)(1), Sec. 240, or any other provision of law 2 and.

Is lying to an immigration officer a crime?

In fact, because lying on a visa application is a violation of federal law, a person in the U.S. who helps an applicant falsify an application to gain entry into the U.S. can actually be indicted and prosecuted by a federal grand jury if the matter is formally investigated by Immigration and Customs Enforcement (ICE).

What is the difference between the 3 year bar and 10 year bar for unlawful presence?

Individuals who accrue more than 180 days, but less than one year, of unlawful presence are barred from being re-admitted or re-entering the United States for three years; those who accrue more than one year of unlawful presence are barred for ten years.

Can a minor be exempt from the permanent bar?

Yes, Minors are not exempt. Generally, “unlawful presence” is not accumulated by minors upon one entry or overstay of a visa. However, the unlawful presence is counted towards the permanent bar. To repeat, this “Minor Exemption” is a viable option for the 3-year Bar and the 10-year Bar, but not available for the Permanent Bar. Example.

How does unlawful presence count on the permanent bar?

Generally, “unlawful presence” is not accumulated by minors upon one entry or overstay of a visa. However, the unlawful presence is counted towards the permanent bar. To repeat, this “Minor Exemption” is a viable option for the 3-year Bar and the 10-year Bar, but not available for the Permanent Bar.

Where can a minor sit in a bar?

The minor and parent(s) can sit anywhere on the premises, including the bar area, and alcoholic beverages can be served to the parent(s) or to any other adult with the minor. 2. Minors with legal guardians (“Guardian exception”) If a minor is with a legal guardian, then the minor is permitted to be on the premises.

When is a minor allowed on the premises?

If a restaurant, hotel, or retail dispenser licensed premises has gross sales of food and non-alcoholic beverages equal to 50% or more of its combined gross sales of both food and alcoholic beverages, then minors are permitted on the premises.