QUESTION

Visa for 13 year old

Asked on Aug 11th, 2014 on Immigration - New Mexico
More details to this question:
I'm obtaining guardianship of my nephew who is British and 13. (still in progress) He came on a visit (to the USA) last year and stayed (He stayed past the 90 days allowed). What Visa would we apply for? Will it be denied as he overstayed by more than 180 days?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Any nonimmigrant visa status that you may try to apply for on his behalf would likely be denied due to the overstay and also due to the fact that he most likely entered the US under a visa waiver which would not allow a change of status or extension of status in the States. I do note that children under the age of 18 are not subject to the 3 or 10 year bars which apply to most persons who are not legal in the country if they are illegal for 180 days or one year respectively.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Sep 04th, 2014 at 5:19 PM

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