Will he be able to return on VWP with me? 1 Answers as of March 22, 2011I am a green card holder and I brought my son to the states on a VWP. He has now overstayed that by about 15 months. We are leaving for England to make ammendments to his birth certificate. When we return we are going to file for his green card through his step father, a US citizen. Will he be able to return on VWP with me?
Nicastro Piscopo, APLC | Louis M. Piscopo
Since your son violated the conditions of his VWP he cannot re-enter the U.S. under the VWP and must instead obtain a visitor visa. Additionally, if you son overstayed his VWP for more than 180 days after turning 18 years old, then he is barred from returning to the U.S. for 3 years. If he overstayed by more than 1 year, then the bar in 10 years.
Answer Applies to: California