Comprehensive Overview of Immigration Law (COIL) Practice Exam

Do children under 21 have to pay the $1000 penalty fee under INA § 245(i)?

1. No, they do not have to pay any penalty fee

2. Yes, they must pay the full amount

3. Yes, but only if they are seeking a visa

4. No, but they must provide proof of status

The correct answer is: No, they do not have to pay any penalty fee

Under the Immigration and Nationality Act (INA) § 245(i), children under the age of 21 are not subject to the $1,000 penalty fee when applying for adjustment of status. This provision is designed to alleviate the burden on younger applicants who may be applying for legal status but may not have the financial means to pay such a penalty. The law recognizes that minors, typically not responsible for immigration violations, should not face additional financial hurdles that could impede their ability to regularize their status. While some other groups or individuals seeking adjustment of status may be required to pay this penalty to address their undocumented status, the exception for children under 21 reflects a legislative intent to protect younger individuals and facilitate their immigration process without imposing financial penalties. Thus, it reaffirms a commitment to treating children in immigration matters with consideration and support.