Can My step son come in US ?

[Lolo42 2]

Hi 

Im a American citizen (born in USA)

my step son is 6 years old. (Lives in France)
I’m married to his dad this summer and obviously he doesn’t have the green card yet. 
His son lives in France with his mom. 
My question is : “Can he come visit us ?” 

He can flight alone with airline companies program for kids. 
He is my step son, so 

“any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;”

 

Does it work ? 

Edited October 12, 2021 by Lolo42

[Dashinka 24,609]

Are you asking if the child qualifies as in immediate relative to get past any Covid travel bans (I am not up-to-speed on the current travel related restrictions from the EU)?  If so, I believe a step-child does qualify, and they should be able to visit using ESTA.

 

Good Luck!

[millefleur 5,047]

You need to find out what the travel restrictions are for children traveling alone during Covid. Seems like that could be more of an issue than the visa.

[SusieQQQ 11,587]

6 minutes ago, millefleur said:

You need to find out what the travel restrictions are for children traveling alone during Covid. Seems like that could be more of an issue than the visa.

Presumably kid is on VWP if French. Not aware of any COVID specific restrictions for unaccompanied minors, can you explain more?

 

Might be easier to just wait for the official travel ban relaxation, which should be in the next few weeks?,  rather than have a mom who isn’t part of the process (and with neither dad nor USC stepmom present) try explaining to an airline officer why her son is allowed to go to the US as an exception to the ban.

[millefleur 5,047]

11 minutes ago, SusieQQQ said:

Not aware of any COVID specific restrictions for unaccompanied minors, can you explain more?

I was just wondering if it might be harder because of the vaccine requirements? And children aren't getting vaccines yet? I have no idea but I just assumed, sorry if it confused people.

 

Edit: Yeah, now that I think about it for more than 2 seconds, it doesn't make sense that they'd require children to be vaccinated. Sorry about that, my brain is just fried after how many changes and regulations have gone into place since Covid. Schengen travel ban is still in place I believe, though, and supposedly is being lifted "soon"...but no official date was announced yet.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

Edited October 12, 2021 by millefleur

[milimelo 4,505]

Just needs a PCR test 72 hrs prior to travel. 

[SusieQQQ 11,587]

31 minutes ago, millefleur said:

I was just wondering if it might be harder because of the vaccine requirements? And children aren't getting vaccines yet? I have no idea but I just assumed, sorry if it confused people.

 

Edit: Yeah, now that I think about it for more than 2 seconds, it doesn't make sense that they'd require children to be vaccinated. Sorry about that, my brain is just fried after how many changes and regulations have gone into place since Covid. Schengen travel ban is still in place I believe, though, and supposedly is being lifted "soon"...but no official date was announced yet.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

I’d personally be more worried about the stress on a 6 year old of having to fly being looked after by someone he’s just met who is also doing other things, and having to wear a mask the whole time, etc. it’s a long flight for being alone at that age (I used to fly unaccompanied as a kid and even an hour wasn’t pleasant). In retrospect maybe they should have gone CR1 route so that at least the dad could go back to fly with the kid (from what OP said I guess they are waiting for aos) but I guess hindsight is always better. Heck, it’s a long flight for a kid even with a parent, been there done that lol. So maybe also if they wait till the travel ban is over the mom can fly too? Just an idea. 

[millefleur 5,047]

5 minutes ago, SusieQQQ said:

I’d personally be more worried about the stress on a 6 year old of having to fly being looked after by someone he’s just met who is also doing other things, and having to wear a mask the whole time, etc.

Right on, it seems a lot of airline staff are extra stretched thin these days. Plus just given the general chaos of air travel and then having the added Covid insanity on top of it. It's not even a pleasant experience for adults, let alone unaccompanied children. I hope things will eventually get better but who knows when that will be. I understand though that OP wants to see the child so it's a hard situation to be in.

 

6 minutes ago, SusieQQQ said:

In retrospect maybe they should have gone CR1 route so that at least the dad could go back to fly with the kid

That's a great point. We should add that to the list of perks for CR-1 vs K-1 in the future, especially with the Covid travel stuff being so crazy these days.

[Lolo42 2]

I have my answer. 
I called the US embassy in France. 
He can come with esta. 
step mom is an exception so we are good. 
he need to bring paper who prove the marriage with his dad. And his birth certificate who prove he is his dad. 
 

thank you everybody for your fast answers. 
 

[JeanneAdil 6,562]

Did you list him as the son of the I 130 and ds 260 forms?

[Coco8 1,042]

2 hours ago, Lolo42 said:

I have my answer. 
I called the US embassy in France. 
He can come with esta. 
step mom is an exception so we are good. 
he need to bring paper who prove the marriage with his dad. And his birth certificate who prove he is his dad. 
 

thank you everybody for your fast answers. 
 

I'd add a letter from the mom saying he is allowed to travel. I remember when I was a minor I traveled with my dad and he was asked for that. It might have been needed to leave the country and not to enter the US, though. 

 

Edited October 12, 2021 by Coco8

[SusieQQQ 11,587]

3 hours ago, Lolo42 said:

I have my answer. 
I called the US embassy in France. 
He can come with esta. 
step mom is an exception so we are good. 
he need to bring paper who prove the marriage with his dad. And his birth certificate who prove he is his dad. 
 

thank you everybody for your fast answers. 
 

I presume his mom is taking him to the airport 

make sure she knows he must not check in online, and that she must get to the airport for check in early in case the person checking in does not think that he qualifies as an exception and she might need to escalate it.  We have had too many reports of these situations.   Don’t assume that because you know it’s ok, it will be a hassle free process.