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syan1116

Overstaying with Tourist visa

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HI, My grand son came to US 2009 Feb with tourist visa from S.Korea and overstayed till 2011 Aug.

He was 11 at that time and my other son tried to adapt him while he was staying. Unfortuanately, we had a bad lawyer who didn't file adoption process during that time.

My grandson ended up going back to Korea. It's been 5 year since my grandson left US. I would like to buy him a ticket for him to come and visit me. Would that be any issue at the custom if he come?

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Hi,

Unless your grandson is an orphan, adoption would not have gained him a green card. The U.S. has very specific rules for adoptions and getting an immigration benefit. If your grandson has a living parent, your other son adopting him would not have gained him a green card.

Sorry about the lawyer ripping you off.

Your grandson does not have a ban since he was a minor when he overstayed.

Your grandson will need either ESTA/VWP or a visa to enter the U.S. Have you look into this? Make sure he can enter the U.S. before you buy the tickets.

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Overstay precludes use of the VWP, from now on will need a B2 visitor visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Overstay precludes use of the VWP, from now on will need a B2 visitor visa.

You don't know that for sure.

People who have overstayed have been able to use ESTA and the VWP again.

And we do not hold minors accountable for overstays since its out of their control. We do not punish children for the choices their parents make.

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You don't know that for sure.

People who have overstayed have been able to use ESTA and the VWP again.

And we do not hold minors accountable for overstays since its out of their control. We do not punish children for the choices their parents make.

I do.

Mistakes happen.

No illegal presence but not eligible to apply for ESTA.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you all, I will look into ESTA option to see if my grandson is eligible, but seems like he should be ok to come to US since he was a minor when he overstayed.

He is not eligible, he needs a Visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Wow. You know how ESTA will turn out. Wow.

The only way to know if he is eligible for the VWP is to apply for ESTA.

If you know for 100%, then bring the proof.

Duhh

First you need to be eligible to apply, believe it or not not everybody is.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Duhh

First you need to be eligible to apply, believe it or not not everybody is.

Duh!! How do you know he is not eligible to apply? Bring the proof. People who have overstayed have been able to get through ESTA. So, how do you know that the grandson is not eligible?

Less flappy gums (fingers?). Bring the proof Boiler.

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Details about the Visa Waiver Program

You will qualify for travel under the Visa Waiver Program if you are a citizen of the Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Slovakia or the Republic of Korea:

for business, pleasure or transit for less than 90 days. Visa-free travel does not include those who plan to study, work or remain in the United States for more than 90 days;

is not ineligible to receive a visa under U.S. visa law. Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program; Please follow this link for further information

http://london.usembassy.gov/niv/vwpnewcountries2.html


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Details about the Visa Waiver Program

You will qualify for travel under the Visa Waiver Program if you are a citizen of the Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Slovakia or the Republic of Korea:

  • traveling on a valid e-passport with an electronic chip. Please check the validity of your passport by following this link. Failure to determine that your passport qualifies for the VWP may result in you being denied boarding by the airline;
  • for business, pleasure or transit for less than 90 days. Visa-free travel does not include those who plan to study, work or remain in the United States for more than 90 days;
  • is not ineligible to receive a visa under U.S. visa law. Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program; Please follow this link for further information

http://london.usembassy.gov/niv/vwpnewcountries2.html

Thanks for reminding use that those who overstay on the VWP can not get VISAS.

Where does it say that this kid is ineligible for ESTA as you stated.

Keep on topic. Passing ESTA. Not a visa.

Keep trying.

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or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program

Clear enough?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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