dwhittles

Can anyone tell me if minors are treated differently for overstaying on the VWP?

Noorah101

Anyone who overstays the VWP can never use it again, no matter what age.

Rene

dwhittles

And that is the only penalty?

discoviking

Some penalties apply to minors, others do not. So, why don't you just give us the full scenario. Then we might be able to tell you if there are additional penalties or not, rather than playing 20 questions.

Noorah101

It might depend on how long the overstay is, and how old the child is.

Do you have a specific scenario?

Rene

dwhittles

I am leaving my kids in the US when I return for the L1 interview. During that time they will overstay their VWP. When I return they will have the L2 in their passports and we will take a trip to the bahamas.

Was wondering if there were any other repercussions other than not being allowed to use VWP

Noorah101

How long will they be in overstay? How old are they?

Rene

dwhittles

They will overstay for approx 6 days. They are 3yrs and 18 months

Noorah101

I can't see them getting a ban from returning to the USA. But they will never be able to use the VWP again. What happens if you guys want to come back to the USA to visit later in life?

Rene

avanutria

I'm not familiar with the L2, but won't it need to be activated by entering the country using it?

discoviking

They won't be banned from the US for a 6 day overstay, but they will not be able to use the VWP for the rest of their lives. I am sure they will thank you for this later in life.

It is by no means a guarantee that they will be able to get a B2 visa either, should they ever wish to visit on their own once they become adults - so you may want to give this some serious consideration.

What will you do if there are unforeseen circumstances and you are unable to return to the US right away?

sir_eccles

I think that is the intent for the Bahamas trip. Which makes me wonder what a Border Officer might think seeing an overstay yet somehow a visa was put in a week before and now they are trying to enter the country. What would happen if the officer decided not to allow entry to your kids on their L2s? You're in a mighty pickle then.

Or, what happens when you activate your L1 and the officer says "where are your kids?".

See also this thread which seems to give all the background:

http://britishexpats.com/forum/showthread.php?t=707559

I would be wary of leaving the kids in the US without their passports, isn't that some sort of violation that all non-citizens should be carrying ID at all times be it Greencard or passport.

ian-mstm

Apparently, the parents are going to enter the US using their L-1/L-2 visas, collect the children, go to the Bahamas, and re-enter the US so the children can enter the US in L-2 status.

Ian

Noorah101

Is it really that much cheaper for 4 people round trip to the Bahamas rather than 4 people round trip to the UK?

Rene

ian-mstm

It seems that the only real consideration is the convenience of the parents.

Ian