Minor Given Limited B2 Time in Error

[Cathi 5,757]

It's the discretion of CPB on the amount of time allowed. It's no error. 

[mam521 2,063]

When does the minor's passport expire?  The I-94 will not extend past the expiration and may have only been given up to a 6mo expiration window.  

 

Custody can and will be an issue unless the mother has full custodial parental rights with no visitation agreement with the other parent, as issued by an official court.  Or, the other parent was never listed on the child's birth certificate.  

[Jesserose24 62]

1 hour ago, mam521 said:

When does the minor's passport expire?  The I-94 will not extend past the expiration and may have only been given up to a 6mo expiration window.  

 

Custody can and will be an issue unless the mother has full custodial parental rights with no visitation agreement with the other parent, as issued by an official court.  Or, the other parent was never listed on the child's birth certificate.  

The father is on board for the daughter moving. I put that in explicitly so we wouldn't get custody advice as that's not what we're after.

 

I will double check the expiry of the passport! Didn't even think of that.

[mam521 2,063]

1 minute ago, Jesserose24 said:

The father is on board for the daughter moving. I put that in explicitly so we wouldn't get custody advice as that's not what we're after.

 

I will double check the expiry of the passport! Didn't even think of that.

I get that, but as a parent that just went through the process with 2 kids who's father is in Canada, there are extra steps.  Just for the sake of awareness.  

[Rocio0010 5,579]

5 hours ago, Jesserose24 said:

If you read my comments you'd see why it's an error. We contacted the port authority they entered at and they said it was in error. 

Not to be picky because this is just a side comment, but usually with immigration the right hand does not know what the left hand does. Just because Port Authority said it was in error, doesn’t mean it was. CBP and port authority are two different entities.

Now, on to the pressing issue. Minors under 18 do not accrue unlawful presence. But that doesn’t mean she has a status now that her visa is expired. They need to get those forms submitted quickly.

[Jesserose24 62]

5 hours ago, Cathi said:

It's the discretion of CPB on the amount of time allowed. It's no error. 

We called and spoke to that location that accidentally issued it. The issuer said it was an error. I'm not debating this with you.

[Jesserose24 62]

26 minutes ago, Rocio0010 said:

Not to be picky because this is just a side comment, but usually with immigration the right hand does not know what the left hand does. Just because Port Authority said it was in error, doesn’t mean it was. CBP and port authority are two different entities.

Now, on to the pressing issue. Minors under 18 do not accrue unlawful presence. But that doesn’t mean she has a status now that her visa is expired. They need to get those forms submitted quickly.

In this case, there's only one hand. We called the exaction location they crossed at. They would never intentionally issue a limited stay without a conversation, stamp in passport and both the isn't and child being issued the same time. We're not talking two hands, the one hand who made the error has accepted and admitted their error. This is not up for debate.

 

The only thing I needed I have been assisted with.

 

Thanks to those of you who understood the limited scope of the assistance I needed. It's very much appreciated.

[Rocio0010 5,579]

58 minutes ago, Jesserose24 said:

They would never intentionally issue a limited stay without a conversation

Where’s the written rule that says that?

 

 

[SusieQQQ 11,586]

2 hours ago, Jesserose24 said:

In this case, there's only one hand. We called the exaction location they crossed at. They would never intentionally issue a limited stay without a conversation, stamp in passport and both the isn't and child being issued the same time. We're not talking two hands, the one hand who made the error has accepted and admitted their error. This is not up for debate.

 

The only thing I needed I have been assisted with.

 

Thanks to those of you who understood the limited scope of the assistance I needed. It's very much appreciated.

Not sure why everyone is being so argumentative about the admittance date.

 

However I would caution you not to be so dismissive about the custody advice. The father “being on board” is often not enough for various immigration issues, including if you potentially want to naturalize and give your child citizenship on the back of that. Having at least joint legal custody is necessary for that. Asking for limited advice is one thing, but we’ve seen often enough here that sometimes people  just don’t know what they should be asking. This last piece of advice comes from having seen numerous people on these forums think that example the notarized permission to bring the check was all that was needed. Good luck with the immigration journey. 

 

[Jesserose24 62]

53 minutes ago, SusieQQQ said:

Not sure why everyone is being so argumentative about the admittance date.

 

However I would caution you not to be so dismissive about the custody advice. The father “being on board” is often not enough for various immigration issues, including if you potentially want to naturalize and give your child citizenship on the back of that. Having at least joint legal custody is necessary for that. Asking for limited advice is one thing, but we’ve seen often enough here that sometimes people  just don’t know what they should be asking. This last piece of advice comes from having seen numerous people on these forums think that example the notarized permission to bring the check was all that was needed. Good luck with the immigration journey. 

 

I understand what you're saying.. this is not the time for that part of the conversation and I'm familiar enough with this group that you have to be very specific about what you're looking for because some people don't want unsolicited advice and others cannot help themselves lol.

 

Thank you.

[Jesserose24 62]

2 hours ago, Rocio0010 said:

Where’s the written rule that says that?

 

 

I cannot keep repeating myself. We called and spoke to the same border agents who admitted it was a mistake. The fact that is a mistake is not open for debate. They were unsure how to rectify because they had never done this before and she's nowhere near that crossing anytime soon.

[Dashinka 24,517]

13 hours ago, Jesserose24 said:

If you read my comments you'd see why it's an error. We contacted the port authority they entered at and they said it was in error. 

Did you/they speak to the same officer that inspected them?

[Dashinka 24,517]

Nevermind, asked and answered.

[SusieQQQ 11,586]

9 hours ago, Jesserose24 said:

I understand what you're saying.. this is not the time for that part of the conversation and I'm familiar enough with this group that you have to be very specific about what you're looking for because some people don't want unsolicited advice and others cannot help themselves lol.

 

Thank you.

Occupational hazard of using the internet for advice vs a paid lawyer.

[Jesserose24 62]

31 minutes ago, SusieQQQ said:

Occupational hazard of using the internet for advice vs a paid lawyer.

I guess I was too optimistic that given a more narrow scope or might be respected lol. We actually called an immigration attorney to see if they had advice.. and they said it's not really an immigration issue and that they hadn't dealt with it before either. This group has dealt with some oddball stuff before so thought it was a good place to start.