K2 Overstay

[Aus2US 1]

I arrived in the US on a K1 visa and my teenage daughter on a K2. My USC husband fell on hard times due to medical issues and we couldn't AOS right away for financial reasons, and overstayed. My daughter was still under 18 and I sent her back to our home country for better school/work opportunities. Now 18, she plans to visit the US in the future on a tourist visa, would she be subjected to an overstay ban? I had heard that being under 18 at the time she overstayed, she might not be affected?

[aaron2020 11,651]

Children under age 18 do not accumulate days of unlawful presence.  However, there are other consequences.  With a prior K-2 overstay and a US resident mom, she might get denied for a tourist visa.  It might be better to stick to the 90 days on the VWP.

 

Edited December 14, 2018 by aaron2020

[Boiler 45,580]

She has no illegal presence, does she have a tourist visa?

[Aus2US 1]

No she doesn't have a visa yet. Yeah VWP is probably best.

[aaron2020 11,651]

Apply for ESTA and see if she can travel on the VWP.  If she can, great.  If she can't, then go for the tourist visa.  Better to find out now rather than later.

[lummo 61]

7 minutes ago, aaron2020 said:

Apply for ESTA and see if she can travel on the VWP.

I agree since the ESTA application fee is cheap (only $4 if denied or $14 total if approved). But there is a high chance of ESTA denial because of the Yes answer to "Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?"

Edited December 14, 2018 by lummo

[Boiler 45,580]

Higher than somebody who could say no.

[Ryan H 3,812]

Moved from K1 Process & Procedures to Tourist Visas forum.