Answer:
Unlawful presence is defined as presence after the expiration of the period of stay authorized or any presence without being admitted or paroled. The consequence of unlawful presence are a 3-year or 10-year bar upon requesting re-entry. However, a minor under the age of 18 does not accrue unlawful presence for purposes of the 3-year and 10-year bars until the day after his or her 18th birthday. Therefore, this would not disqualify you to apply EB-5.
