Legal Question in Immigration Law in California

I am a Legal Permanent Resident, father of a minor that is now residing in Mexico; however he entered the United States illegally on December of 1993 and lived continuously through October 2003. On October 2003 he returned to Mexico and has not entered the United States since then. He just turned seventeen on July of 2010 and he had his appointment at Ciudad Juarez last week but he was denied admittance to the U.S by the officer that interviewed him because he said he was inadmissible to the United States for a period of ten years since my son had previously resided illegally in the United States for more than 180 days. My question is am I able to appeal this decision since my son is a minor under 18 years of age and if so how could you help me? or does the law correctly apply to him and why? so that I don't spend any more money on his case, please help me!


Asked on 8/19/10, 6:00 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

This is a normal decision for this kind of case in the C. Juarez Consulate. I've seen numbers of clients (adults and children) denied just like your son was denied.

When someone is denied in C. Juarez for unlawful presence (and could be some other grounds as well -- e.g. attending public school while being illegal in USA, etc), the applicant has an option to submit an Extreme Hardship Waiver. If a waiver is approved, a visa will be issued as well.

I suggest, you don't try to do it on your own, but consult and retain a knowledgeable immigration attorney.

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at [email protected] and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 8/24/10, 6:52 pm


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