Topics
245i
Asylum
Criminal Law & Immigration
Deferred Inspection
Deportation & Detainment
Employment Law & Immigration
Family Law & Immigration
Loss of Immigration Case
Overseas Consulates
Pakistan & Immigration
Permanent Resident
Russia & Immigration
Special Situations and Humanitarian Relief
Student Visas
Syria & Immigration
TEST
U Visas
U.S. Citizenship
U.S. Waivers
Visa Waiver Program
Recent Updates
May 01, 2012
245i Eligibility ? How Deep and How Wide Does it Extend?
April 18, 2012
The Deportation or Removal Case is Never Over Until the ?Asylum, Withholding of Removal, & CAT? Lady Sings
March 27, 2012
Statement from Secretary of Homeland Security Janet Napolitano on Temporary Protected Status (TPS) for Syrian Nationals
March 13, 2012
Understanding I-864 Affidavit of Support and Qualifying Work Credits When Adjusting Status in the U.S.
Archives
Visa Waiver and the Minor: Can a Minor Waive their Immigration Rights?
Posted by: ScottMond Law Firm
March 08, 2011
Topic: Visa Waiver Program
As we discussed in our previous blog articles, the use of a visa waiver by eligible foreign nationals can be surprisingly risky. But what does this mean for a minor who enters on one?
In order to receive a visa waiver, a foreign national agrees to waive his immigration rights in the event he or she overstays the visa waiver, an incident which would result in serious U.S. immigration consequences.
In the case of a minor, the following scenario often occurs. The minor is brought over at the age of 5 by their parents, who end up overstaying their visa waiver as a family. The minor grows up in the U.S and marries a U.S. citizen, and even has his or her own US citizen children. ICE arrives at their door suddenly, and detains the former minor as a visa overstay when he or she is 32 years old. Does the foreign national have any hope of trying to remain in the U.S? After all, how can a 5-year-old waive his or her rights?
The good news is that the 2nd Circuit just made a good decision on the issue of knowingly waiving right to due process - Galuzzo v. Holder. Discuss this case with an experienced immigration attorney in the event you or someone you know becomes the victim of the above scenario.
We invite you to contact our immigration law firm at the numbers listed on our website, or email us atinfo@scottcclaw.com. An attorney would be happy to consult with you.
ScottMond Law Firm
http://www.scottcclaw.com/
