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Are children pelinalized the same as adults in immigration matters?

San Diego, CA |

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.

How will this affect my daughter's petition to become a permanent resident? Thank you for your answers.

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Attorney answers 4

Best Answer

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.


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

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


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

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How does an expedited removal affect my daughter's petition for permanent immigration? Thank you, Mr. Athari.

Reza Athari

Reza Athari


Expedited removal is an administrative kind of deportation and the subject may not come back for 5 years unless a deportation waiver is approved. You will need to talk to an experience attorney to help you. Send me an email if you are interested in our service.


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.