Is overstay waived for minor children of U.S. citizens (IR2)?

[grrrrreat 109]

Hi,

Is a slight overstay (less than 180 days) of an I-94 issued during entry on a B-2 visa waived when a minor child is adjusting as the child of a U.S. citizen (IR-2)? Does it matter that the child, upon adjustment, will become a U.S. citizen under the Child Citizenship Act?

Thanks for your help. Citations are appreciated.

[Sandra G. 5,051]

Minor who is under 18 years old does not accrue unlawful presence.

[grrrrreat 109]

Minor who is under 18 years old does not accrue unlawful presence.

Right, the minor will not be subject to the three-year/ten-year bar. I think my question is a little different though.

[Sandra G. 5,051]

Read page 10

http://www.aila.org/content/default.aspx?bc=1016%7C6715%7C20852%7C28165%7C30095

"...a. A minor under the age of 18 does not accrue ULP for purposes of the three and ten year bars until the day after her 18th birthday."

[Harpa Timsah 13,258]

A minor child is an immediate relative of a USC, so overstay is forgiven, yes. Spousal, parent, and minor children cases are treated the same way in this regard as immediate relatives.

Too lazy for citations

Edited May 10, 2012 by Harpa Timsah

[grrrrreat 109]

Read page 10

http://www.aila.org/content/default.aspx?bc=1016%7C6715%7C20852%7C28165%7C30095

"...a. A minor under the age of 18 does not accrue ULP for purposes of the three and ten year bars until the day after her 18th birthday."

I understand, but my question is a little different.

[ceadsearc 516]

I'm not sure I understand your question. The child came on a B-2 for purposes of adjusting status and their I-94 expired before they filed? Is that the issue?

[grrrrreat 109]

I'm not sure I understand your question. The child came on a B-2 for purposes of adjusting status and their I-94 expired before they filed? Is that the issue?

No, the child did not come for purposes of adjusting status.

Edited May 10, 2012 by grrrrreat

[ceadsearc 516]

Ok, so the child came for some other purpose and changed their mind but in the meantime the I-94 expired? Overstay is forgiven and they do not accure unlawful presence as a minor so it shouldn't be an issue, unless you are asking something else?

[grrrrreat 109]

Ok, so the child came for some other purpose and changed their mind but in the meantime the I-94 expired? Overstay is forgiven and they do not accure unlawful presence as a minor so it shouldn't be an issue, unless you are asking something else?

That's what I am asking thanks. Do you know a citation to the rule that overstay is foregiven? By the way, before folks accuse me of assisting fraud: the child was admitted on a visitor visa and was then diagnosed with leukemia. He has been admitted to the hospital for long-term chemotherapy.

Edited May 10, 2012 by grrrrreat

[jdh 103]

That's what I am asking thanks. Do you know a citation to the rule that overstay is foregiven? By the way, before folks accuse me of assisting fraud: the child was admitted on a visitor visa and was then diagnosed with leukemia. He has been admitted to the hospital for long-term chemotherapy.

I'm not sure how that answer was different from any of the other ones given...

[Harpa Timsah 13,258]

Overstay is irrelevant/forgiven for immediate relatives of US Citizens who adjust in-country.

Minor child is an immediate relative of a USC, as defined.

That's it... you can find the cites if you want (since you are a lawyer, I am sure you know where to look )

[ceadsearc 516]

I'm on my phone so I don't have any citations. But IIRC the instructions of I-485 list the "exceptions" to the overstay rule so you may find it there.

Good luck. Sorry to hear of the illness.

Edited May 10, 2012 by ceadsearc

[jdh 103]

That's it... you can find the cites if you want (since you are a lawyer, I am sure you know where to look )

:rofl:

That's funny.

[grrrrreat 109]

I'm on my phone so I don't have any citations. But IIRC the instructions of I-485 list the "exceptions" to the overstay rule so you may find it there.

Good luck. Sorry to hear of the illness.

Thank you for the help. I am also away from my computer at the hospital, which is why I asked this board for the citation. I suspect there's one in the adjudicator's field manual. I reviewed the I-485 instructions and did not find mention of overstays there, except a warning against departing during adjustment if a three-year/ten-year bar is imposed.

Some others on this board have been less than kind.

Edited May 10, 2012 by grrrrreat