Child overstay advice

[Boiler 45,965]

She is not eligible to try.

[RhettVoe 282]

that is correct....overstaying the VWP means instant loss of that privilege...sometimes a 1 or 2 day overstay can be 'forgiven', but not 90...(and no doubt, said child was attending public school at our expense)...now, the mom might try to say it was her fault, not the child's, but that won't mean anything...mom could have sent her child home at the proper time...there was no ban on flights from the US to the UK....and now, if the child tries for a visa, the COs will wonder the same thing....will mom adhere (or make sure the child adheres) to the new privilege being considered? based on what evidence? (none)....sadly, it appears that mom has ruined the VWP for her daughter for quite some time....a rather expensive decision...

[blueniv 5]

You need to ask a lawyer, because although there's no question about overstay or unlawful presence on the ESTA form and minors do not accrue overstay, it would seem like a serious oversight on the US government's part if such a loophole existed.

[Boiler 45,965]

I am not sure how to make this clearer, there is no question that the child is subject to a ban.

[MacUK 983]

You need to ask a lawyer, because although there's no question about overstay or unlawful presence on the ESTA form and minors do not accrue overstay, it would seem like a serious oversight on the US government's part if such a loophole existed.

The VWP is clear though, overstay = no more VWP

[RhettVoe 282]

That is true.