ALIENS PRESENT WITHOUT admission or parole VS ALIENS UNLAWFULLY PRESENT.-

[gabriela00 0]

Hello,

My name is Gaby, my interview in Ciudad Juarez is the 18th of this month. I was happy up until the point I started looking at peoples timelines with the same type as visa as me and I noticed that many needed waivers..

I understand that you get a waiver if you (ALIENS UNLAWFULLY PRESENT) are the spouse or son of a U.S citizen if the intending immigrant stood more than the permitted time or that re entered after deportation and many more things like that. But I am wondering if any of you have gotten denial at the interview and needed a waiver because of "ALIENS PRESENT WITHOUT admission or parole.-" If so please specify. Or are these 2 things similar?

thanks sooo much in advance. Any comments help.

[Alelovescesar 5]

i would think aliens without admission would mean that you are here illegally in which case you would need to file a waiver..

[gabriela00 0]

A) ALIENS PRESENT WITHOUT admission or parole.-(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien’s departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

Ok so I am confused about these two laws or statements. I was brought to the U.S when I was a minor I was 2 yrs old. I got married to my husband in the U.S and we have an about to be 6yr old boy. When we decided to adjust my status( permanent resident) we talked to our lawyer who told me that I needed to leave the country (U.S) in order for me not to accrue unlawful presense in the U.S. So I left the U.S Before I turned 18 1/2 (more than 180 days but less than 1 year). So I know for a fact that I didnt accrue any unlawful presense in the U.S since I left before even being 180 days.

My question is will the first law that I mentioned affect me though (ALIENS PRESENT WITHOUT admission or parole). When my parents took me to the U.S I was just 2 yrs old and I was taken illegally. So I wasnt inspected at all. The second law I mentioned helps me ALOT but does the 1st law that I mentioned above is the one that scares me.

I also read that what triggers unlawful presense is entering the U.S without inspection which makes you inadmissable but UNLAWFUL presense has an EXCEPTION for minors.

So please tell me do you think I will still need a waiver because I entered at the age of 2 (1994) without inspection? I do NOT have UNLAWFUL PRESENSE in the U.S at all..Any comments help. Thanks in advance for you time!!

Did children even get inspected in the 1990's? or how did that work?

[gabriela00 0]

A) ALIENS PRESENT WITHOUT admission or parole.-(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien’s departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

Ok so I am confused about these two laws or statements. I was brought to the U.S when I was a minor I was 2 yrs old. I got married to my husband in the U.S and we have an about to be 6yr old boy. When we decided to adjust my status( permanent resident) we talked to our lawyer who told me that I needed to leave the country (U.S) in order for me not to accrue unlawful presense in the U.S. So I left the U.S Before I turned 18 1/2 (more than 180 days but less than 1 year). So I know for a fact that I didnt accrue any unlawful presense in the U.S since I left before even being 180 days.

My question is will the first law that I mentioned affect me though (ALIENS PRESENT WITHOUT admission or parole). When my parents took me to the U.S I was just 2 yrs old and I was taken illegally. So I wasnt inspected at all. The second law I mentioned helps me ALOT but does the 1st law that I mentioned above is the one that scares me.

I also read that what triggers unlawful presense is entering the U.S without inspection which makes you inadmissable but UNLAWFUL presense has an EXCEPTION for minors.

So please tell me do you think I will still need a waiver because I entered at the age of 2 (1994) without inspection? I do NOT have UNLAWFUL PRESENSE in the U.S at all..Any comments help. Thanks in advance for you time!!

Did children even get inspected in the 1990's? or how did that work?

[TBoneTX 45,304]

I left the U.S Before I turned 18 1/2 (more than 180 days but less than 1 year). So I know for a fact that I didnt accrue any unlawful presense in the U.S since I left before even being 180 days.

These statements are contradictory. Which was it -- more or less than 180 days?

[TBoneTX 45,304]

No need to post this in more than one place.

[JimVaPhuong 4,863]

A) ALIENS PRESENT WITHOUT admission or parole.-(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien’s departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

Ok so I am confused about these two laws or statements. I was brought to the U.S when I was a minor I was 2 yrs old. I got married to my husband in the U.S and we have an about to be 6yr old boy. When we decided to adjust my status( permanent resident) we talked to our lawyer who told me that I needed to leave the country (U.S) in order for me not to accrue unlawful presense in the U.S. So I left the U.S Before I turned 18 1/2 (more than 180 days but less than 1 year). So I know for a fact that I didnt accrue any unlawful presense in the U.S since I left before even being 180 days.

My question is will the first law that I mentioned affect me though (ALIENS PRESENT WITHOUT admission or parole). When my parents took me to the U.S I was just 2 yrs old and I was taken illegally. So I wasnt inspected at all. The second law I mentioned helps me ALOT but does the 1st law that I mentioned above is the one that scares me.

I also read that what triggers unlawful presense is entering the U.S without inspection which makes you inadmissable but UNLAWFUL presense has an EXCEPTION for minors.

So please tell me do you think I will still need a waiver because I entered at the age of 2 (1994) without inspection? I do NOT have UNLAWFUL PRESENSE in the U.S at all..Any comments help. Thanks in advance for you time!!

Did children even get inspected in the 1990's? or how did that work?

Aliens without admission or parole are aliens who entered without inspection (EWI); i.e., skipped across the border. Aliens unlawfully present are adult aliens who don't currently have permission to be in the United States. An EWI may be also unlawfully present, but someone unlawfully present isn't an EWI if they entered with a visa or other entry pass.

Neither of these apply to you because you're not currently in the US. The inadmissibility for someone who entered without inspection prevents them from adjusting status in the US, but that inadmissibility goes away when they leave the US. The only associated exception is if they were deported because of the EWI.

The ban for unlawful presence doesn't kick in until you leave the US, and you don't begin to accrue unlawful presence until your 18th birthday. Since you left before accruing 180 days of unlawful presence then you shouldn't have incurred a ban.

You shouldn't need a waiver.

"Entry with inspection" simply means passing through an immigration checkpoint and being cleared by an immigration officer. It applies to children as well as adults, and it's been that way since at least the 1950's.

[Penguin_ie 5,993]

***** Removed several threads on this topuc and merged those with answers into this one. Do NOT start another thread on this topic *****

[emt103c 10]

As long as you left less than 180 days after your birthday, and you never had depotation hearings against you, you should not need a waiver to enter on a visa.

You did have illegal presence, and illegal entry, but as noted, you came under an exception for minors that would have expired for you had you left AFTER you turned 18.5.

There is no exception, unfortunately, for those who are deported as minors.