What defines an unaccompanied minor in immigration terms?

An unaccompanied minor in immigration terms is specifically defined as a child under the age of 18 who does not have lawful immigration status and is not in the care of a parent or legal guardian. This definition is crucial for understanding the legal protections and processes that apply to these individuals when they enter the U.S. or encounter immigration authorities.

This definition emphasizes the absence of parental care, which is key to the designation of "unaccompanied." It also highlights the requirement of being under 18 years old and lacking legal immigration status, distinguishing these minors from other children who may be traveling with a parent or guardian or who may have a valid visa.

By contrast, simply being under 21 years old or being a juvenile who is not a U.S. citizen does not adequately capture the critical aspects of an unaccompanied minor's situation. Additionally, minors traveling alone on a visa typically do have some level of authorized presence in the U.S., which means they do not fit the definition of being unaccompanied in an immigration context. Thus, the correct definition accurately reflects legal standards and considerations surrounding the care and status of minors involved in immigration proceedings.