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Flying to the USA during entry ban under exemption (vi)

Flying to the USA during entry ban under exemption (vi)

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Old Sep 8th 2021, 9:23 am
  #1  
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Default Flying to the USA during entry ban under exemption (vi)

I am the wife of a US citizen and have a registered disabled son from my first marriage. My husband, although not legally my son's father, is his carer (he receives Carers Allowance). He is neither my son's legal guardian nor his adoptive father, although my son does carry his surname. My son is 25 years old and no longer a minor under US law.

My mother-in--law is seriously ill and we need to fly to the US asap. My question is this: does my son qualify as 'a ward' under the following travel exemption?

(vi) any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications.

Any insight would be gratefully received. Thank you.



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Old Sep 8th 2021, 12:36 pm
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Default Re: Flying to the USA during entry ban under exemption (vi)

Based on the description given, I would say no. He has no legal power or authority over this child. A ward is a legal guardianship, which does not exist here.

That does not stop him entering the US alone to see his mother, of course.
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Old Sep 8th 2021, 5:30 pm
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Default Re: Flying to the USA during entry ban under exemption (vi)

Ugh. I thought as much but hoped I may be wrong. Thank you for reply, I appreciate it.
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