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  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Minor Son Denied Reentry on VWP

    Hi I am a greencard holder of 12 years. My minor son was born in 1995. He holds a Dutch passport VWP. Since then he had traveled back and forth alot, as I worked for the airlines, for eleven years without overstaying. On a weekend trip in 2006 to the Bahamas he was denied reentry stating that he had overstayed in 1995 by a lil over a month ( poor fellow couldn't even walk then and traveled atleast 4 times a year to the US inbetween that time WITHOUT them saying he overstayed). I was told that he had to get a visa to reenter. I went to the US consulate in the Bahamas and was denied a visa for him because they stated I should be applying for resident alien for him. Both his father and I have greencard (we do not communicate). My father whom my son lives with and is his legal guardian went to Barbados consulate and was also denied. I do not wish to apply for a greencard now for him as you have to be living in the US if you have one and it can be taken away if you live away. Is it mandatory for me to apply for residency for him if I hold a greencard? And it has been more than 10 years that they claimed he overstayed shouldn't that be off of his record for reentry? Please let me know what I can or should do. He has younger siblings here and would like to visit from time to time.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Minor Son Denied Reentry on VWP

    His violation of the visa waiver program doesn't make him ineligible to reenter - until he's 18, overstay doesn't result in a period of ineligibility. However overstay results in ineligibility for the visa waiver program.

    I suspect that their concern is that you are claiming to be a lawful permanent resident, and your spouse is claiming to be a lawful permanent resident so (a) how can your son not qualify based on residence and (b) if you and your spouse both have intent to immigrate how can your son not have intent to immigrate. Did they cite any statutes or regulations in association with the denial?

  3. #3
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Minor Son Denied Reentry on VWP

    Quote Quoting aaron
    View Post
    His violation of the visa waiver program doesn't make him ineligible to reenter - until he's 18, overstay doesn't result in a period of ineligibility. However overstay results in ineligibility for the visa waiver program.I suspect that their concern is that you are claiming to be a lawful permanent resident, and your spouse is claiming to be a lawful permanent resident so (a) how can your son not qualify based on residence and (b) if you and your spouse both have intent to immigrate how can your son not have intent to immigrate. Did they cite any statutes or regulations in association with the denial?
    They wrote something in his passport that is only readable by them I don't understand what it says. They finger printed him and took his picture before letting us go in the bahamas as if he was a criminal. And you know a weird thing most flights were thru a US port that took him back home. So when we passed immigration a second time there in the Bahamas the immigration offer there said that he can let him pass with some type of form or some sort that costs $275, but the immigration from the first time passed by and saw us and stopped and asked if I had gotten the visa and told the 2nd officer NOT to let him pass and he said that he would do it but the 1st one would see us pass. But what about that it has been more than 10 years that this overstay occured. My son goes to a Dutch school and does not have any intentions of moving here for the next 5 years. Then I will apply for his GC, well hopefully I'll be a citizen by then. But if I apply for it now he wouldn't be able to travel into the US while his papers are pending and that takes years (my 2nd son took 5 years) and he will not be residing here so they might even take the GC from him.

  4. #4
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Minor Son Denied Reentry on VWP

    They wrote something in his passport that is only readable by them I don't understand what it says. They finger printed him and took his picture before letting us go in the bahamas as if he was a criminal. And you know a weird thing most flights were thru a US port that took him back home. So when we passed immigration a second time there in the Bahamas the immigration offer there said that he can let him pass with some type of form or some sort that costs $275, but the immigration from the first time passed by and saw us and stopped and asked if I had gotten the visa and told the 2nd officer NOT to let him pass and he said that he would do it but the 1st one would see us pass. But what about that it has been more than 10 years that this overstay occured. My son goes to a Dutch school and does not have any intentions of moving here for the next 5 years. Then I will apply for his GC, well hopefully I'll be a citizen by then. But if I apply for it now he wouldn't be able to travel into the US while his papers are pending and that takes years (my 2nd son took 5 years) and he will not be residing here so they might even take the GC from him.

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