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Posted

 

I need help guys! I am married to US citizen and I know I am exempted on the presidential proclamtion, I travelled last August without any problem. This time I will be travelling with my child who is a minor. ( Not my husband biological child) I requested for NIE for my child but unfortunately it was denied. On the presidential proclamation it doesnt state or differenciate ” child or stepchildren” of US citizen or LPR. I have a sole custody of my child and I can’t leave her this time. Question is would can my child still travel? Would my child ESTA be cancelled? What would be the effect if we still travel? Thank you so much for the input.

Filed: K-1 Visa Country: Wales
Timeline
Posted

You suggest the VWP, what basis is the child seeking to enter, to immigrate?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
3 minutes ago, SteveInBostonI130 said:

Are you both travelling to visit or to immigrate?  What is the status of your IR1 and IR2?

We are both travelling to visit. We have applied I-30  last March 2020 got NOA- 28 March-20. We our just travelling for holiday and familial support. 

Posted
9 minutes ago, Boiler said:

You suggest the VWP, what basis is the child seeking to enter, to immigrate?

Not to migrate but to visit. I have been in USA 5x since last year with no issue, this the first time i will bring my child since she has a Christmas break.

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
18 minutes ago, Tyson20 said:

We are both travelling to visit. We have applied I-30  last March 2020 got NOA- 28 March-20. We our just travelling for holiday and familial support. 

I am not sure your child is exempt from the travel ban.  The proclamation does not clarify children of USC to include stepchildren.  And you are not yet an LPR.

 

The only way that I know is for you two to be in a non-travel banned country for 14 days prior to travelling to the US.

 

 

Posted
14 hours ago, Tyson20 said:

 

 

I need help guys! I am married to US citizen and I know I am exempted on the presidential proclamtion, I travelled last August without any problem. This time I will be travelling with my child who is a minor. ( Not my husband biological child) I requested for NIE for my child but unfortunately it was denied. On the presidential proclamation it doesnt state or differenciate ” child or stepchildren” of US citizen or LPR. I have a sole custody of my child and I can’t leave her this time. Question is would can my child still travel? Would my child ESTA be cancelled? What would be the effect if we still travel? Thank you so much for the input.

 

For which visa?  Would be sooooo helpful if you would explain things completely and/or fill out a timeline.

Posted (edited)

Through whom did you request the NIE? And was it denied on the facts of the case or (as some embassies state) because they simply do not issue them?  I have seen the opinion that anyone defined as a child under the INA is included (so a minor stepchild of USC should be) but this is not explicitly defined as such in the relevant presidential proclamations for the travel bans, which I assume is what you are talking about  (it is explicitly defined as such in some of the other ones).

Edited by SusieQQQ
Posted (edited)
14 hours ago, Tyson20 said:

We are both travelling to visit. We have applied I-30  last March 2020 got NOA- 28 March-20. We our just travelling for holiday and familial support. 

What was applied for exactly? If you have sole custody of your child is there also an IR2 (or Cr2) petition in progress for the child, not just a spousal one for you?

Edited by SusieQQQ
Posted (edited)
6 hours ago, SusieQQQ said:

Through whom did you request the NIE? And was it denied on the facts of the case or (as some embassies state) because they simply do not issue them?  I have seen the opinion that anyone defined as a child under the INA is included (so a minor stepchild of USC should be) but this is not explicitly defined as such in the relevant presidential proclamations for the travel bans, which I assume is what you are talking about  (it is explicitly defined as such in some of the other ones).

Me and my daughter has a valid ESTA to travel to USA. We were planning to travel end of this month. I’m exempted to the presidential proclamation since I am a spouse of a US citizen. I called the embassy to inquire if my daughter need National Interest Exemption form and they said she NEEDs to apply, so I did apply and got a reposnse that her national intereset exemption is DENIED. We ended up cancelling our trip and just wait until no restrictions for travel. 

Edited by Tyson20
Posted
6 hours ago, SusieQQQ said:

Through whom did you request the NIE? And was it denied on the facts of the case or (as some embassies state) because they simply do not issue them?  I have seen the opinion that anyone defined as a child under the INA is included (so a minor stepchild of USC should be) but this is not explicitly defined as such in the relevant presidential proclamations for the travel bans, which I assume is what you are talking about  (it is explicitly defined as such in some of the other ones).

Dear Madam, 
 
Thank you for your email! 
****** ***** national interest exemptions request is denied. 
 

We are contacting you regarding her request to travel to the United States pursuant to an exception to Presidential Proclamation 9993.  The Visa Unit at U.S. Embassy Stockholm has carefully and thoroughly reviewed her request.  Unfortunately, she does not qualify for an exception under Presidential Proclamations 9984, 9992, 9993, 9996 and/or 10041.  

 

We understand that this is not the decision that you were hoping for, and we can understand how this is a stressful and difficult time for her and your family, and for those expecting you in the United States.  Please continue to monitor our website, https://se.usembassy.gov for updates. 

 

Sincerely,
Non-Immigrant Visa Unit
Filed: Citizen (apr) Country: Jamaica
Timeline
Posted

My son is a stepchildren  of a US citizen his visa was grounp is IR2.

Marrying a US citizen alone doe not qualify your child to be a stepchild of a US citizen,  you have to file I-130 for USCIS to establish that relationship. Once  approved then the child is seen as  Children of US Citizen as per INA320

Posted
38 minutes ago, Ras Ous said:

My son is a stepchildren  of a US citizen his visa was grounp is IR2.

Marrying a US citizen alone doe not qualify your child to be a stepchild of a US citizen,  you have to file I-130 for USCIS to establish that relationship. Once  approved then the child is seen as  Children of US Citizen as per INA320

You are missing the point here, we applied for NIE so we could travel for holiday and not to migrate permanently. We we do have I-130 applicationand its still on process. The sole purpose of applying NIE is to visit USA for a short period of time and since there is a Presidential Proclamation banning all Schengen countries to enter USA we have to follow the process. We came to the point and accept that we should just postone our travel since my child national exemption got denied. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

I did not think the Consulate issues anything in this sort of case, you would just show when travelling that you were exempted?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
13 hours ago, Ras Ous said:

Marrying a US citizen alone doe not qualify your child to be a stepchild of a US citizen,  you have to file I-130 for USCIS to establish that relationship.

 

Incorrect.  There is no requirement to file I-130 to qualify as a stepchild of a US citizen.  According to US immigration law, a stepparent-stepchild relationship is established as long as the child was under 18 years old when their biological parent married their US citizen stepparent.  The relevant section is INA 101, not INA 320 which is about acquiring citizenship.

 

 
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