re-enter after over stayed I-94

charldobb · #1 (**permalink**) 2nd July 2009, 06:16 PM

I'm a UK citizen and resident of USA. My son came to the USA on a waiver, he ended up staying and 7 months over the 90 day limit.
for family reasons we came back to the UK and now i need to take him back to the USA.
We didn't realise as a minor he was effected.
We have no family in the UK to help out and are super stuck right now!
He's 15 yrs old how and what can i do to get him back in the USA?
My husband is a US citizen and is home in the USA. I've had conflicting advice.
I would love some advice

Thanks Charl

Fatbrit · #2 (**permalink**) 2nd July 2009, 06:58 PM

Quote:

Originally Posted by charldobb

I would love some advice

Get him back for a vacation or get him back to live in the US?

charldobb · #3 (**permalink**) 3rd July 2009, 01:43 PM

Quote:

Originally Posted by Fatbrit

Get him back for a vacation or get him back to live in the US?

hi as i live there he needs to come back to live, we have no family in the UK. I can't go back untill he can.
I just don't know what we have to do to get him back as he was 7 months over his visa waiver when we left the USA

thanks Charl

Bevdeforges · #4 (**permalink**) 3rd July 2009, 01:54 PM

You say you're resident in the US (assume permanent resident) and married to a US citizen. How is it that your son didn't get a visa when you went over there to live? Or to put it another way, why would he have been there on a VWP if you're resident in the US?
Cheers,
Bev

charldobb · #5 (**permalink**) 3rd July 2009, 02:20 PM

he stayed in the uk with his father when i moved to teh usa. he came over for a vacation then his dad wanted him to stay in the usa.

Fatbrit · #6 (**permalink**) 3rd July 2009, 03:27 PM

So, ordinarily an overstay of more than 6 months but less that a year on the VWP will produce the following consequences: lifetime bar from using the VWP and 3-year bar from entering the US. Whether the fact he is a minor will have any bearing....I do not know. Certainly those who enter without inspection do not start to run up an illegal presence until they turn 18.

Regardless, they're probably not going to issue a B2 since he clearly has immigrant intent.

So you need to start the immigrant visa process, possibly with an appeal to overcome the bar. Given the blotted history, you will need a US immigration attorney. This is normally a DIY job....but not now you've got complications. Expect it take a year or more before he gets the immigrant visa to travel.

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