Noorah101

What makes you think the OP is from Canada? Her user name starts with "uk", thus I assumed she was in the UK.

Rene

fatbrit

Well I'm glad it confused you, too! I don't see Canada anywhere in here.

Bill_S

Me three... no mention of Canada, and "6th form" is not Canadian usage.

Sally Redux

Is it some sort of cryptic puzzle about entering from Canada? But they have to go as a group

Pollyana

Can I go off topic a little and ask what to you guys in the US forums may seem a really silly question......if these kids are all going on the VWP, and one gets denied entry - what happens? I mean, from what I've read on here before, the subject would be returned to the point of origin after having entry refused, but if the person is a minor, and on a school trip - does that mean a teacher has to fly back with them? Possibly leaving the rest of the party without enough adults in charge?
Same if a family go over and a child/teenager is refused entry - do they allow an adult to fly back with the child, or would the adult have to pay for a ticket?

ian-mstm

No - at least, not from an immigration POV. But I'm pretty sure the child's parents would want one of the teachers to stay with the child.


I suppose they could take an extra adult just in case!


Depending on the age of the child, s/he could fly back alone. I'm also pretty sure that if an adult had to accompany, the adult would use their already-purchased return ticket to fly back with the child.

Now, if it was me... I'd send the kid back home alone. No sense mucking up my plans just because some rug rat isn't allowed to enter the US.

Ian

crg

There is a provision in the law that says the guardian would be inadmissible too if they are with a "helpless alien" who is inadmissible. So the answer is yes. They could force the guardian to go back with a child and order the airline who brought the child to remove the chaperon and child without a ticket. The airline would have to eat it if there wasn't already a return ticket.

212(a)(10)(B) of the INA: Guardian required to accompany helpless alien.-Any alien-
(i) who is accompanying another alien who is inadmissible and who is certified to be helpless from sickness, mental or physical disability, or infancy pursuant to section 232(c) , and
(ii) whose protection or guardianship is determined to be required by the alien described in clause (I), is inadmissible.

They take consideration regarding unaccompanied minors and the government has put additional polices in place due to a settlement of a case called Flores v. Reno. Since it's just a chaperon, and not family, the child would be considered unaccompanied. Even if inadmissible, they would likely find a way to let this child into the US on a parole if they turned out to be indeed inadmissible since the kid isn't Jack the Ripper or anything.

S Folinsky

Mea Culpa. School trips on the northern border are common. Perhaps trans-oceanic trips as part of the school struck me as rare. Nonetheless, an assumption was made.

sir_eccles

Interesting to note the wording seems to imply a singular guardian and singular helpless alien. How would that work in this group situation of several minors and a handful of guardians. Would POE agent treat them as one and say that if one guardian has to accompany an inadmissible helpless alien they all have to go?

Jerseygirl

I know kids that have come to the US on a school visit...usually New York or DC. Several times when I have flown across the pond there's been groups of school kids and teachers on the plane...seems quite common now.

Sally Redux

It's an interesting point about what happens if there is a problem with one child's visa. When I was at school we went on a trip to the USSR. They weren't happy about one kid who had a South African passport. It turned out OK in that instance, but theoretically I suppose there could be cases where someone is refused.

Pollyana

Hey, a man who thinks like I do

Thanks guys, interesting to know what would happen - not that I'm ever likely to be in that position, just plain curious

JAJ

Unless the return ticket was fully flexible (unlikely) that would not work.

crg

They don't need a flexible ticket if they airline gets served with one of these.

"Form I-259, Notice to Deliver, Detain on Board, or Remove Alien"

Mummy in the foothills

I think the parent should use it as a teachable moment. Kid wants to go to US, won't be able to go on VWP, kid learns all stupid mistakes and dares can come back to haunt you in later life. Such is life, he gets to stay home and get over the disappointment, and learn a huge life lesson at the same time. You can't always get what you want.