Criminal Defense of Immigrants


§ 12.27 4. Other Grounds

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AILA Practice Alert: Unlawful Presence Under INA 212(a)(9)(C) Applied to Minors "AILA has learned, and member reports confirm, that there has been a significant change in the interpretation of unlawful presence as it relates to minors by the U.S. Consulate in Ciudad Juarez, Mexico ("CDJ") and perhaps other U.S. consulates, with devastating results. According to information obtained by AILA liaison, the Visa Office has directed the consulate at CDJ to cease applying the "minor exception" of INA 212(a)(9)(B)(iii)(1) to unlawful presence findings under INA 212(a)(9)(C)2, resulting in denial of immigrant visas to children under the age of 18, as well as denial of immigrant visas to adults who had unlawful presence and a re-entry as a minor." AILA, Aug. 18, 2008. HYPERLINK ""