Minor Given Limited B2 Time in Error

[Jesserose24 62]

Hello - helping a friend in an odd situation.

 

I have a Canadian friend engaged to an American. She is currently in the US on her B2 Visa valid until February. Her 14-year-old daughter is with her. Recently they discussed getting married and processing AOS. They entered lawfully this is a new idea.

 

The mom was checking her I-94 to make sure she hadn't been given a more limited allotment to be in the US and she is fine. The daughter however was given only 6 weeks on her official I-94. There was no conversation at the time of entry with the Customs and Border patrol agent and there is no stamp in her passport. We've reached out to the Port Authority where she entered and they've admitted it appears to be an error. 

 

My knowledge tells me two things I'd love feedback and more details. 

 

If she leaves before doing an AOS the daughter may be denied future entries as her B2 Visa is now in question. There is a waiver program for an overstay but I cannot find the actual form number.

 

Custody arrangement is not an issue.

[SteveInBostonI130 3,467]

When did they enter the US?

[Mike E 11,740]

Has her I-94 expired?

[Boiler 45,657]

How do you know it was in error?

 

14, should she not be back in school?

[Mike E 11,740]

12 minutes ago, Mike E said:

Has her I-94 expired?

Best case they entered August 28 which means mom’s I-94 expires February 28. 6 weeks from August 28 is October 9. So the daughter has over stayed. 
 

If the fiancé is a U.S. citizen, then if they marry now and file I-485 packages for both, the overstay is forgiven, as a step child who became a step child is considered a child of U.S. citizen, and thus an immediate relative. As the daughter is not legally present now, the marriage and I-485 packages should happen with urgency. 
 

I agree that the 6 weeks of authorized stay was likely not an error. 

[Jesserose24 62]

25 minutes ago, Mike E said:

Best case they entered August 28 which means mom’s I-94 expires February 28. 6 weeks from August 28 is October 9. So the daughter has over stayed. 
 

If the fiancé is a U.S. citizen, then if they marry now and file I-485 packages for both, the overstay is forgiven, as a step child who became a step child is considered a child of U.S. citizen, and thus an immediate relative. As the daughter is not legally present now, the marriage and I-485 packages should happen with urgency. 
 

I agree that the 6 weeks of authorized stay was likely not an error. 

I'm replying to your as it's the most recent. 

 

We called back to the port authority/border she crosses at and they confirmed it was in error to limit the daughters stay less than 6 months. 

 

They entered the beginning of September.

 

She's either homeschooled or doing virtual classez (apologies, I don't remember which off the top of my head).

 

Yes the I-94 expired before this was caught.

 

They're still in the US. The mothers has not expired. Not yet married, only just started considering this option. 

 

Do any of you know the form name/number they would use? I'd like to read the technical inductions but my search results are wonky bc I'm visiting Canada atm.

 

Thank you!

[Mike E 11,740]

Just now, Jesserose24 said:

I'm replying to your as it's the most recent. 

 

We called back to the port authority/border she crosses at and they confirmed it was in error to limit the daughters stay less than 6 months. 

 

They entered the beginning of September.

 

She's either homeschooled or doing virtual classez (apologies, I don't remember which off the top of my head).

 

Yes the I-94 expired before this was caught.

 

They're still in the US. The mothers has not expired. Not yet married, only just started considering this option. 

 

Do any of you know the form name/number they would use? I'd like to read the technical inductions but my search results are wonky bc I'm visiting Canada atm.

 

Thank you!

Mom:

 

step daughter:

 

And

 

 

[Jesserose24 62]

Apologies, I wasn't clear. Specifically what form number is the overstay waiver? I've done my own immigration so I understand the application forms and typical process. Overstay is new to me. 🙂

 

Thank you so much for the replies. She already feels less overwhelmed.

[Boiler 45,657]

The immigrant visa waiver for someone who has overstayed is the I 601.

[Mike E 11,740]

11 minutes ago, Jesserose24 said:

Apologies, I wasn't clear. Specifically what form number is the overstay waiver? I've done my own immigration so I understand the application forms and typical process. Overstay is new to me. 🙂

 

Thank you so much for the replies. She already feels less overwhelmed.

Overstay waiver for what?

 

The kid is 14. If she leaves before age 18 there is no over stay.  She might in the future lose her visa exemption privilege that Canadians get, but she can apply for a B visa in that case.  
 

If she adjusts status to an LPR as an immediate relative of her US citizen step father, the over stay is forgiven. 
 

The daughter’s options here are simple yet pressing: leave now (like today), or adjust status as soon as she has a step father who is a U.S. citizen. 
 

 

 

Edited October 13, 2022 by Mike E

[SusieQQQ 11,586]

What Mike said. Under 18s do not accrue unlawful presence. 

[Pinkrlion 2,724]

You have to make an appointment at your nearest CBP airport location to get the 14 yos passport fixed.  

[Jesserose24 62]

2 hours ago, Mike E said:

Overstay waiver for what?

 

The kid is 14. If she leaves before age 18 there is no over stay.  She might in the future lose her visa exemption privilege that Canadians get, but she can apply for a B visa in that case.  
 

If she adjusts status to an LPR as an immediate relative of her US citizen step father, the over stay is forgiven. 
 

The daughter’s options here are simple yet pressing: leave now (like today), or adjust status as soon as she has a step father who is a U.S. citizen. 
 

 

 

Thank you! I thought the exemption for minors still included the waiver. You've clarified. I greatly appreciate the help!

[SalishSea 17,921]

5 hours ago, Jesserose24 said:

Hello - helping a friend in an odd situation.

 

I have a Canadian friend engaged to an American. She is currently in the US on her B2 Visa valid until February. Her 14-year-old daughter is with her. Recently they discussed getting married and processing AOS. They entered lawfully this is a new idea.

 

The mom was checking her I-94 to make sure she hadn't been given a more limited allotment to be in the US and she is fine. The daughter however was given only 6 weeks on her official I-94. There was no conversation at the time of entry with the Customs and Border patrol agent and there is no stamp in her passport. We've reached out to the Port Authority where she entered and they've admitted it appears to be an error. 

 

My knowledge tells me two things I'd love feedback and more details. 

 

If she leaves before doing an AOS the daughter may be denied future entries as her B2 Visa is now in question. There is a waiver program for an overstay but I cannot find the actual form number.

 

Custody arrangement is not an issue.

What makes that an error?   Admission time is always discretionary, not guaranteed.

[Jesserose24 62]

8 minutes ago, Jorgedig said:

What makes that an error?   Admission time is always discretionary, not guaranteed.

If you read my comments you'd see why it's an error. We contacted the port authority they entered at and they said it was in error.