Overstay 3 year old child on Visa Waiver Program

T

Taddyodi

New Member
I went to the US on B1/B2 visa. Upon entry the immigration gave me a permission to stay for 6 months. However, my 3 year old child came with me on Visa Waiver Program. I decided to stay until the end of my stay before returning to my country of residence (Netherlands). Therefore, my daughter had overstayed 90 days (90 days legal and 90 days overstay). I'm planning to go back to the US to attend my cousin's wedding. After searching through several forums, I've found out that when a citizen from one of the visa exempt countries overstays, she/he will need to go to the US consulate to apply for B1/B2 visa before traveling back to the US as the VWP is already void due to previous overstay. What is the chance of getting the B1/B2 visa for a 3 year old who has overstayed for 90 days?
 
Minors do not accrue unlawful presence. Since she is a minor she is not punished for your poor judgement. She should be able to re-enter on VWP.
 
nscagony said:
Minors do not accrue unlawful presence. Since she is a minor she is not punished for your poor judgement. She should be able to re-enter on VWP.
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While minors do not accrue illegal presence, that doesn't necessarily mean they are immune from all other immigration consequences of an overstay. As an example, a minor with a valid visa who overstays still has the visa canceled.

I'd get a B visa just to be safe, or inquire at the US consulate. The problem is that since the child was issued an I-94W and it was turned in late, she may be listed in the system and as such might be turned away next time.
 
Thank you for your replies. I understand that she might be listed in the system as an overstayer due to late return of I-94W. If I get her a B1 visa at the US Consulate here in the Netherlands, is it still likely that she'd be turned away when she travels back to the US with a B1 visa stamped on her passport?
 
Taddyodi said:
If I get her a B1 visa at the US Consulate here in the Netherlands, is it still likely that she'd be turned away when she travels back to the US with a B1 visa stamped on her passport?
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While there's no guarantee that anyone will be admitted as a non-immigrant, I wouldn't be too worried. My reasoning for getting her the B visa is that I fear that overstaying on the VWP would make your daughter legally incapable of entering under the VWP, so that the officer could not admit her even if he or she wanted to. (I suppose she could be paroled into the US.)

Like I said, call the consulate and ask if she needs the B visa. It's a B-2 visa, by the way - unless you daughter is visiting the US for business.
 
My 2 year old cousin also overstayed for 30 days, she's going to 4 now and will fly again to US, I don't get yet the information on how her parents fixed things but the Us consulate here help them.
 
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