Can my sister leave the US before she is 18 and return once her visa is approved without being penalized? Posted on July 05, 2011

My little sister entered the US legally when she was 13 with a B1 Visa and stayed for 4 years. My mom just became a US Resident last December. My mom is petitioning my sister. Question: Can my sister leave the US before she is 18 and once her visa is approved and wait for the visa back in her country with out being penalized for the 3 to 10 years bar? Or, once she became illegal she must stay in the US until she becomes a lawful permanent resident. I have 2 different lawyers and they both have different opinions. 1 is telling me she needs to leave the US once her visa is approved (before she turns 18 and six months). If the visa doesn’t arrive on time, then she can stay and wait for it here under the Child Status Protection Act. The other lawyer says she must stay here not matter what.

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