Can minors who overstayed the VWP get a K-2 Visa?

[bca94 0]

I was wondering if minors who overstayed the VWP can still get a K-2 Visa. So let's say someone overstayed the VWP while he/she was under 18 and got back to his/her country while still under 18. One of the parents of this minor has a relationship with an American citizen and this American citizen is thinking of applying a K-1 Visa for the fiancée and a K-2 Visa for his/her child. Can the overstay prevent this child from getting a K-2 Visa?

Thanks

[aaron2020 11,651]

I was wondering if minors who overstayed the VWP can still get a K-2 Visa. So let's say someone overstayed the VWP while he/she was under 18 and got back to his/her country while still under 18. One of the parents of this minor has a relationship with an American citizen and this American citizen is thinking of applying a K-1 Visa for the fiancée and a K-2 Visa for his/her child. Can the overstay prevent this child from getting a K-2 Visa?

Thanks

No. A child under age 18 does not accrue days of unlawful presence.

Generally, we don't punish children when their parents violate immigration laws by not sending the children home in a timely manner.