Child overstay advice

[Charliemar 0]

I am currently in the process of adjusting my status as I am married to a US citizen, My 14 year daughter came to visit and overstayed her esta by 90 days then returned to the UK. I checked her esta status online today and it still says approved. Does this mean she would be able to visit the US again using the VWP or would she need a visa. She wants to come back soon and will be travelling as an unaccompanied minor, any advise would be appreciated.

[Boiler 45,965]

Nope

She is no longer eligible to use the VWP due to the overstay.

[RhettVoe 282]

She will need a visa and a good story, in order to get one.

[Nich-Nick 3,354]

Agree. She was approved prior to overstay. CPB website says

"*If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization. This is also required if one of your answers to any of the VWP eligibility questions changes. The associated fee of $14 will be charged for each new application submitted.

Her answer to the overstay question has changed.

[Boiler 45,965]

Agree. She was approved prior to overstay. CPB website says

"*If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization. This is also required if one of your answers to any of the VWP eligibility questions changes. The associated fee of $14 will be charged for each new application submitted.

Her answer to the overstay question has changed.

Sounds like you are talking about ESTA? ESTA does not have an overstay question I believe.

[RhettVoe 282]

She will likely get sent home if she tries to use the VWP...

[Hypnos 6,578]

I wonder how this interacts with the fact that minors accrue no overstay until they turn 18.

[RhettVoe 282]

they can still violate our laws, and are subject to having their VWP privileges revoked.

[Boiler 45,965]

I wonder how this interacts with the fact that minors accrue no overstay until they turn 18.

Not overstay, does not count towards illegal presence.

[RhettVoe 282]

but does violate the VWP, and thus that privilege is likely to be revoked....

[Boiler 45,965]

More fundamental than that, a VWP overstay means you are not eligible to seek authorisation in the first place.

[Hypnos 6,578]

I was more alluding to the fact that if there was no overstay, have they violated the VWP? The child would be out of status, but would not incur overstay. Would the former be enough to bar them from the VWP for life?

[Nich-Nick 3,354]

Sounds like you are talking about ESTA? ESTA does not have an overstay question I believe.

Yep you're right.

[Boiler 45,965]

are not ineligible to receive a visa under U.S. visa law. Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program.

You are talking about illegal presence that counts towards a ban, as it happens that is not an issue anyway as the overstay was 90 days.

[belinda63 3,046]

She violated the terms of the VWP, that seems to answer the question. I guess if they could always try but don't be surprised if you are turned away at the POE.