Quote:
Originally Posted by hDreamer1988
Could she not have adjusted her status inside the US? As for lawyers, I lean toward paying more for a reputable lawyer vs finding the best deal.
|
I think her last entry was the one that mattered, and she entered without inspection. So, she needed to leave the US for a visa interview, but she did not qualify for the 601 or 601A.
Her only option was to stay in he US on DACA and see what happens. She did not know, but her lawyer should have known.
Quote:
Originally Posted by john_smith
The ban doesn't apply if you are a minor from what I've heard
|
The 3 and 10 year bans do not apply for minors. Meaning they cannot accrue unlawful status.
She is not being banned for accruing unlawful presence. In this case, she triggered the permanent ban. This one DOES apply to minors. She received the ban because she broke the order when she was denied entry in 2004 and then entered illegally a month later.
She was very likely give an
expedited removal in 2004. Which is way different than
voluntary return
I had an encounter with CBP in 2001 and I am currently going through this process myself. My lawyer would not submit anything until we found out what happened during the encounter. Thankfully we found the CBP record and it is stated in black and white that I was given a
voluntary return, which does not carry long-term repercussions.
That's some scary s*it.