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Visa Waiver and the Minor: Can a Minor Waive their Immigration Rights?

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 at[email protected]. An attorney would be happy to consult with you.

ScottMond Law Firm

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