6 u.s.c. § 279(g)(2) Form 2014-2024

6 u.s.c. § 279(g)(2) Form: What You Should Know

The term is also used to refer to unaccompanied minors who are found without documentation after being in the US for more than 30 days, as long as they meet the definition and are otherwise eligible to enter the United States. It also refers to a minor who has been placed with family by US immigration authorities but is not yet accompanied (i.e. granted lawful presence) in the United States under the TVP 2008 program.2 A person may be considered an unaccompanied minor when he or she, with at least one parent or guardian in the country, either: a. leaves immediately without obtaining a visa or other documentation or is apprehended crossing a border or entering the interior of the United States without the proper authorization to enter, or having been absent from the United States for more than 180 days; or b. is present in the United States and has not received a visa or other documentation to reenter the United States. Unaccompanied aliens entering the United States, such as through the TVP programs or the Emergency Migration Assistance (EMMA) program, may also be considered as unaccompanied minors (because they are being taken in to custody in order to provide refuge and care). If so, the term shall be applied uniformly regardless of the time limits for their release and their status, including when the children are placed with USCIS and the U.S. Customs and Border Protection (CBP) as a result of a US immigration court ruling, or the result of a family-based removal proceedings. In addition, a minor unaccompanied adult, who is being removed to a third country pursuant to the provisions of section 312(a)(5) of the Immigration and Nationality Act (INA), may also be considered as an unaccompanied minor.3 In this section we address these types of situations. § 279(n)(1), (2) and (3). Purpose: Appliance of the provisions of this section should include the definition of an unaccompanied minor described in paragraph (2) above. Additionally, in the case of a minor being removed to a third country (as opposed to being present in the US) and seeking asylum, the definition of unaccompanied may also need to be applied uniformly to all unaccompanied alien children and minors, whether they are being removed to a third country to provide refuge and care to family members or a family based removal proceeding.4 The definition should likewise cover unaccompanied minors who are in the United States at the request of a USCIS or CBP official.

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