Unlawful Presence and Minors

QUESTION: In 2007, I moved to the US with my father under his L2 visa. I was 14 years old at the time. My father moved back to Canada in 2008 and I lived with his ex-wife and my siblings. My father's visa expired the summer of 2010. I was 18 at the time. I moved back to Canada late June 2011. I am now 19 years old. I understand that a 10 year bar can be placed on me due to unlawful presence. 

As a 14 year old I did not know anything about my visa, or about my immigration status at all for that matter. I assumed my parents knew what was going on. My father never informed me about my immigration status expiring. We were not in touch when he moved away. I only began to learn about my status when I started looking into student loans for college. 

I'm not sure I have a ban placed on me because I have not tried to pass the border. I assume I do. Being a minor uninformed of his immigration status, is it still very likely that I am barred?  If so what options do I have as to getting a waiver or getting the bar removed? 

REPLY: There is an exception to the accumulation of unlawful presence for minors.  You do not begin to accumulate unlawful presence in the U.S. until your 18^th birthday.  Therefore, the length of time that you were unlawfully present is calculated from the date of your 18^th birthday through the date of your departure from the U.S. 

If you remained less than six (6) months beyond your 18^th birthday, then you are not barred from returning to the U.S.  If you remained for more than six (6) months but less than one (1) year, you are barred for three (3) years.  If you remained for one (1) year or longer, then you are subject to the 10-year bar. 

If you are subject to a bar for unlawful presence, there are waivers available.  The type of waiver will depend upon the reason(s) you wish to enter the U.S.  If you are seeking entry as a visitor or for another temporary purpose, then a Form I-192 waiver is required for unlawful presence.  If you are seeking to immigrate to the U.S. and obtain permanent residence, you must apply for an immigrant waiver on Form I-601, Application for Waiver of Ground of Inadmissibility.  

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