Will my fiance be able to come back to the US if she lived here illegally but was a minor?

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Will my fiance be able to come back to the US if she lived here illegally but was a minor?

My fiance lived here in the US illegally for 9 years, however, she was a minor and left before she turned 18. Now I want to apply for a K-1 fiance visa for her to come back now that we are over 18. Is there anything that could keep her from coming back? Does the 10 year bar apply to her?

Asked on March 31, 2012 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as she left the US before she turned 18, she would not have triggered the 10 year bar even if she was in the US unlawfully for a period of 9 years before that.  She should be eligible for the K-1 visa once the petition is approved by the USCIS.


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