Minor Overstaying VWP
#31
Return of bouncing girl!
Joined: Sep 2004
Location: The Fourth Reich
Posts: 4,931
Re: Minor Overstaying VWP
You may find that advice to be a waste of time, but I doubt your children would.
#32
Account Closed
Joined: Mar 2004
Posts: 2
Re: Minor Overstaying VWP
It would seem reasonable to assume the Lawyer said the same thing. Not what was wanted.
#33
Re: Minor Overstaying VWP
Probably. But at the end of the day, he is going to do what he wants to do anyway - regardless of the consequences. Will it affect my life in any way that his kids may not be able to visit the US in the future? Not in the slightest. So in the words of Rhett Butler: "Frankly my Dear, I don't give a damn.". You can lead a horse to water, etc. etc.
#34
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Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
Re: Minor Overstaying VWP
By doing this, is he not himself breaking some immigration laws by forcing his kids, against their will, to violate the VWP?
#35
Forum Regular
Joined: Apr 2008
Posts: 53
Re: Minor Overstaying VWP
It would worry me severely that the L1 might not be approved automatically at the interview. I'm sure examples could be found on forums if you wanted to look - I have certainly seen them! Just because it has been approved by USCIS doesn't mean it will get through wihout hitch at the interview stage, and what would then happen to the overstay issue? The children could not be shown to enter with or after the visa holder if they are already there, and how could they leave without their passports ? - they could be held for some time at the Embassy, possibly months. While we would never consider putting children in this situation, nobody can tell the OP what to do, but if it was my husband thinking of making this decision, there would be more than a few choice words.
#36
Re: Minor Overstaying VWP
Either the OP's a troll or he simply doesn't give a toss about scuppering his children's potential for travel in the future (nice guy). Either way I don't think he can be educated any further on here and trying to do so is a waste of everyone's time.
#37
Re: Minor Overstaying VWP
What did you want to hear? If you want every possible conceivable outcome it will range from your kids will never be admitted to the US again to nothing other than what you already know. It's also theoretically possibly that YOU will not be admitted back into the US (even with a visa) the agent at the boarder may think you will violate the terms of your visa if they pick up on the fact you willing left your kids in the US knowing that they would overstay. The big unknown is that immigration rules change and I would put money on your kids not knowing that they overstayed the VWP when they are older and then they could really screw themselves.
#38
Re: Minor Overstaying VWP
It always makes me laugh when people come to this forum asking for advice, and they're given good advice but it wasn't what they wanted to hear so they automatically assume everyone here is stupid. What a way to say "thanks"!
At the end of the day, OP can do what he likes. He can't say he hasn't been warned! Also, his attorney has most likely told him the exact same thing regarding leaving the kids in the US and forcing them to overstay the VWP, and he wasn't happy with the advice given so he came here trying to get someone to tell him his plan (a dangerous one, at that) was all fine and dandy.
Flying long-haul with kids probably isn't much fun but you'd think a responsible parent would rather do that than subject their kids to all kinds of problems down the line. As others have said, they won't exactly thank him when they're not allowed to use the VWP ever again.
#40
Re: Minor Overstaying VWP
OP has consulted with an immigration attorney, and has consulted this forum twice now. He's gotten all the answers he's going to get.
Thread Closed.
Rene
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Thread Closed.
Rene
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