Are children pelinalized the same as adults in immigration matters?

I'm a permanent resident, on my way to citizenship. My wife and daughter, who is six years old, were discovered at the San Ysidro Port of Entry that they were living in the US with tourist visas. I'm petitioning them as a permanent resident. They weren't deported, but their visas were cancelled. They didn't fingerprint my daughter. Will my daughter be treated the same as my wife, or does my daughter has more chances of not having to ask for a pardon? Thank you for your help.

San Diego, CA -

Attorney Answers (4)

Deborah Lynne Karapetian

Deborah Lynne Karapetian

Immigration Attorney - Glendale, CA
Answered

You need to take the documents they received at the port of entry and let an attorney look at them in order to answer your questions. As others have told you, it looks like an expedited removal, which would bar them for 5 years, and if they were here unlawfully for an extended period of time they may also be barred for an additional ten years. I hope not, but you need to find out right away. My advice is to hire an attorney. You are playing with fire if you just keep petitioning them as normal thinking nothing is wrong. Best of luck to you though - this may get complicated.

Reza Athari

Reza Athari

Immigration Attorney - San Diego, CA
Answered

This looks like an expedited removal. If so, yes they will be treated like adults.

Reza Athari
Attorney at Law
Certified Specialist - Immigration and Nationality Law
State Bar of California - Board of Legal Specialization
http://members.calbar.ca.gov/search/member_deta...


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J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

The only difference between a child under 18 and a person 18 or older is that children under 18 do not accrue unlawful presence.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
Neil Ian Fleischer

Neil Ian Fleischer

Immigration Attorney - Cincinnati, OH
Answered

Children under 18 do not accrue unlawfull presence, nor are juvenile convictions considered convictions.. so to answer your question, they are not treated equally in all matter. Some they are
I would consult a lawyer to help you

www.immigrate2usa.com

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more

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