Can I renew my children's expired ESTA while remaining in the USA?
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I am an American citizen and my kids (11 and 7 years old) were born in Italy (Italian passport holders). They came to visit me on an ESTA.
Can I renew their ESTA without them having to leave the country?
Thank you.
us-citizens esta children visa-renewals
asked Oct 5 '17 at 12:34
Maria Stamatelatos
211
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up vote
4
down vote
favorite
I am an American citizen and my kids (11 and 7 years old) were born in Italy (Italian passport holders). They came to visit me on an ESTA.
Can I renew their ESTA without them having to leave the country?
Thank you.
us-citizens esta children visa-renewals
asked Oct 5 '17 at 12:34
Maria Stamatelatos
211
12
Are you certain that they're not dual citizens (it's unusual for a US citizen to have children who are not US citizens; in most circumstances the US citizenship passes from the parent to the child even when the child is born abroad)? If they're truly not US citizens, how long do you want them to stay in the US? The correct course of action in your case depends on the answers to these questions..
– phoog
Oct 5 '17 at 15:28
add a comment |Â
up vote
4
down vote
favorite
up vote
4
down vote
favorite
I am an American citizen and my kids (11 and 7 years old) were born in Italy (Italian passport holders). They came to visit me on an ESTA.
Can I renew their ESTA without them having to leave the country?
Thank you.
us-citizens esta children visa-renewals
asked Oct 5 '17 at 12:34
Maria Stamatelatos
211
I am an American citizen and my kids (11 and 7 years old) were born in Italy (Italian passport holders). They came to visit me on an ESTA.
Can I renew their ESTA without them having to leave the country?
Thank you.
us-citizens esta children visa-renewals
us-citizens esta children visa-renewals
asked Oct 5 '17 at 12:34
Maria Stamatelatos
211
asked Oct 5 '17 at 12:34
Maria Stamatelatos
211
edited Oct 5 '17 at 13:06
user67108
asked Oct 5 '17 at 12:34
Maria Stamatelatos
211
asked Oct 5 '17 at 12:34
Maria Stamatelatos
211
asked Oct 5 '17 at 12:34
Maria Stamatelatos
211
211
12
Are you certain that they're not dual citizens (it's unusual for a US citizen to have children who are not US citizens; in most circumstances the US citizenship passes from the parent to the child even when the child is born abroad)? If they're truly not US citizens, how long do you want them to stay in the US? The correct course of action in your case depends on the answers to these questions..
– phoog
Oct 5 '17 at 15:28
add a comment |Â
12
Are you certain that they're not dual citizens (it's unusual for a US citizen to have children who are not US citizens; in most circumstances the US citizenship passes from the parent to the child even when the child is born abroad)? If they're truly not US citizens, how long do you want them to stay in the US? The correct course of action in your case depends on the answers to these questions..
– phoog
Oct 5 '17 at 15:28
12
12
Are you certain that they're not dual citizens (it's unusual for a US citizen to have children who are not US citizens; in most circumstances the US citizenship passes from the parent to the child even when the child is born abroad)? If they're truly not US citizens, how long do you want them to stay in the US? The correct course of action in your case depends on the answers to these questions..
– phoog
Oct 5 '17 at 15:28
Are you certain that they're not dual citizens (it's unusual for a US citizen to have children who are not US citizens; in most circumstances the US citizenship passes from the parent to the child even when the child is born abroad)? If they're truly not US citizens, how long do you want them to stay in the US? The correct course of action in your case depends on the answers to these questions..
– phoog
Oct 5 '17 at 15:28
add a comment |Â
2 Answers
2
active
oldest
votes
up vote
8
down vote
ESTA is not a visa. It's a travel authorization for the US. If you arrive in the US by plane or boat, on a Visa Waiver, you need this to board the plane or boat. It doesn't say anything about the length of stay in the US.
Your kids are in the US on a Visa Waiver, which is valid for 90 days. The ESTA is valid for 2 years. If you want them to stay longer than the 90 days, you'll have to work out what visa they can apply for. But it has nothing to do with the ESTA.
4
The kids cannot apply for a visa while they're in the US.
– phoog
Oct 5 '17 at 15:29
Never said they could. Just that if they wanted to stay longer with their mom, they'd need a visa. Border hopping on a visa waiver ain't gonna work.
– user67108
Oct 5 '17 at 15:37
9
But that's not necessarily true. Immediate relatives of US citizens can adjust status without leaving the US (an exception to the usual restriction on VWP visitors). So they might not need a visa at all.
– phoog
Oct 5 '17 at 15:42
add a comment |Â
up vote
0
down vote
AIUI (this is based on what I have read online, I am not an expert)
First you need to figure out if your children are dual citizens. Many but not all children born abroad to a US parent will be US citizens.
If your children are US citizens then they have the right to live in the US as long as they like. They should get US passports to allow them to freely leave and re-enter the US.
Secondly understand there is a difference in the US between "Visa" and "Status", similarly there is a difference between and "ESTA" and a "Visa waiver program status". Once your children are in the US expiry of the ESTA is irrelevent and extending it won't help, what matters is the expiry of the status granted when they entered the US.
Normally aliens admitted under the Visa waiver program are not allowed to change or extend their status. It appears there is an exemption for close relatives of a US citizen but it is not clear to me whether that exemption only allows adjustment to permanent residence or whether it allows the alien to remain in non-immigrant status.
One thing you don't say is whether the other parent is cooperative and contactable. I know that getting a US passport for a child normally requires the consent of both parents, I'm not sure if the same applies to adjustments of status. If the other parent is uncooperative or uncontactable then it is almost certainly time to get a lawyer involved.
answered Nov 14 '17 at 13:01
Peter Green
4,6911224
add a comment |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
8
down vote
ESTA is not a visa. It's a travel authorization for the US. If you arrive in the US by plane or boat, on a Visa Waiver, you need this to board the plane or boat. It doesn't say anything about the length of stay in the US.
Your kids are in the US on a Visa Waiver, which is valid for 90 days. The ESTA is valid for 2 years. If you want them to stay longer than the 90 days, you'll have to work out what visa they can apply for. But it has nothing to do with the ESTA.
4
The kids cannot apply for a visa while they're in the US.
– phoog
Oct 5 '17 at 15:29
Never said they could. Just that if they wanted to stay longer with their mom, they'd need a visa. Border hopping on a visa waiver ain't gonna work.
– user67108
Oct 5 '17 at 15:37
9
But that's not necessarily true. Immediate relatives of US citizens can adjust status without leaving the US (an exception to the usual restriction on VWP visitors). So they might not need a visa at all.
– phoog
Oct 5 '17 at 15:42
add a comment |Â
up vote
8
down vote
ESTA is not a visa. It's a travel authorization for the US. If you arrive in the US by plane or boat, on a Visa Waiver, you need this to board the plane or boat. It doesn't say anything about the length of stay in the US.
Your kids are in the US on a Visa Waiver, which is valid for 90 days. The ESTA is valid for 2 years. If you want them to stay longer than the 90 days, you'll have to work out what visa they can apply for. But it has nothing to do with the ESTA.
4
The kids cannot apply for a visa while they're in the US.
– phoog
Oct 5 '17 at 15:29
Never said they could. Just that if they wanted to stay longer with their mom, they'd need a visa. Border hopping on a visa waiver ain't gonna work.
– user67108
Oct 5 '17 at 15:37
9
But that's not necessarily true. Immediate relatives of US citizens can adjust status without leaving the US (an exception to the usual restriction on VWP visitors). So they might not need a visa at all.
– phoog
Oct 5 '17 at 15:42
add a comment |Â
up vote
8
down vote
up vote
8
down vote
ESTA is not a visa. It's a travel authorization for the US. If you arrive in the US by plane or boat, on a Visa Waiver, you need this to board the plane or boat. It doesn't say anything about the length of stay in the US.
Your kids are in the US on a Visa Waiver, which is valid for 90 days. The ESTA is valid for 2 years. If you want them to stay longer than the 90 days, you'll have to work out what visa they can apply for. But it has nothing to do with the ESTA.
ESTA is not a visa. It's a travel authorization for the US. If you arrive in the US by plane or boat, on a Visa Waiver, you need this to board the plane or boat. It doesn't say anything about the length of stay in the US.
Your kids are in the US on a Visa Waiver, which is valid for 90 days. The ESTA is valid for 2 years. If you want them to stay longer than the 90 days, you'll have to work out what visa they can apply for. But it has nothing to do with the ESTA.
edited Oct 5 '17 at 15:09
answered Oct 5 '17 at 13:10
user67108
4
The kids cannot apply for a visa while they're in the US.
– phoog
Oct 5 '17 at 15:29
Never said they could. Just that if they wanted to stay longer with their mom, they'd need a visa. Border hopping on a visa waiver ain't gonna work.
– user67108
Oct 5 '17 at 15:37
9
But that's not necessarily true. Immediate relatives of US citizens can adjust status without leaving the US (an exception to the usual restriction on VWP visitors). So they might not need a visa at all.
– phoog
Oct 5 '17 at 15:42
add a comment |Â
4
The kids cannot apply for a visa while they're in the US.
– phoog
Oct 5 '17 at 15:29
Never said they could. Just that if they wanted to stay longer with their mom, they'd need a visa. Border hopping on a visa waiver ain't gonna work.
– user67108
Oct 5 '17 at 15:37
9
But that's not necessarily true. Immediate relatives of US citizens can adjust status without leaving the US (an exception to the usual restriction on VWP visitors). So they might not need a visa at all.
– phoog
Oct 5 '17 at 15:42
4
4
The kids cannot apply for a visa while they're in the US.
– phoog
Oct 5 '17 at 15:29
The kids cannot apply for a visa while they're in the US.
– phoog
Oct 5 '17 at 15:29
Never said they could. Just that if they wanted to stay longer with their mom, they'd need a visa. Border hopping on a visa waiver ain't gonna work.
– user67108
Oct 5 '17 at 15:37
Never said they could. Just that if they wanted to stay longer with their mom, they'd need a visa. Border hopping on a visa waiver ain't gonna work.
– user67108
Oct 5 '17 at 15:37
9
9
But that's not necessarily true. Immediate relatives of US citizens can adjust status without leaving the US (an exception to the usual restriction on VWP visitors). So they might not need a visa at all.
– phoog
Oct 5 '17 at 15:42
But that's not necessarily true. Immediate relatives of US citizens can adjust status without leaving the US (an exception to the usual restriction on VWP visitors). So they might not need a visa at all.
– phoog
Oct 5 '17 at 15:42
add a comment |Â
up vote
0
down vote
AIUI (this is based on what I have read online, I am not an expert)
First you need to figure out if your children are dual citizens. Many but not all children born abroad to a US parent will be US citizens.
If your children are US citizens then they have the right to live in the US as long as they like. They should get US passports to allow them to freely leave and re-enter the US.
Secondly understand there is a difference in the US between "Visa" and "Status", similarly there is a difference between and "ESTA" and a "Visa waiver program status". Once your children are in the US expiry of the ESTA is irrelevent and extending it won't help, what matters is the expiry of the status granted when they entered the US.
Normally aliens admitted under the Visa waiver program are not allowed to change or extend their status. It appears there is an exemption for close relatives of a US citizen but it is not clear to me whether that exemption only allows adjustment to permanent residence or whether it allows the alien to remain in non-immigrant status.
One thing you don't say is whether the other parent is cooperative and contactable. I know that getting a US passport for a child normally requires the consent of both parents, I'm not sure if the same applies to adjustments of status. If the other parent is uncooperative or uncontactable then it is almost certainly time to get a lawyer involved.
answered Nov 14 '17 at 13:01
Peter Green
4,6911224
add a comment |Â
up vote
0
down vote
AIUI (this is based on what I have read online, I am not an expert)
First you need to figure out if your children are dual citizens. Many but not all children born abroad to a US parent will be US citizens.
If your children are US citizens then they have the right to live in the US as long as they like. They should get US passports to allow them to freely leave and re-enter the US.
Secondly understand there is a difference in the US between "Visa" and "Status", similarly there is a difference between and "ESTA" and a "Visa waiver program status". Once your children are in the US expiry of the ESTA is irrelevent and extending it won't help, what matters is the expiry of the status granted when they entered the US.
Normally aliens admitted under the Visa waiver program are not allowed to change or extend their status. It appears there is an exemption for close relatives of a US citizen but it is not clear to me whether that exemption only allows adjustment to permanent residence or whether it allows the alien to remain in non-immigrant status.
One thing you don't say is whether the other parent is cooperative and contactable. I know that getting a US passport for a child normally requires the consent of both parents, I'm not sure if the same applies to adjustments of status. If the other parent is uncooperative or uncontactable then it is almost certainly time to get a lawyer involved.
answered Nov 14 '17 at 13:01
Peter Green
4,6911224
add a comment |Â
up vote
0
down vote
up vote
0
down vote
AIUI (this is based on what I have read online, I am not an expert)
First you need to figure out if your children are dual citizens. Many but not all children born abroad to a US parent will be US citizens.
If your children are US citizens then they have the right to live in the US as long as they like. They should get US passports to allow them to freely leave and re-enter the US.
Secondly understand there is a difference in the US between "Visa" and "Status", similarly there is a difference between and "ESTA" and a "Visa waiver program status". Once your children are in the US expiry of the ESTA is irrelevent and extending it won't help, what matters is the expiry of the status granted when they entered the US.
Normally aliens admitted under the Visa waiver program are not allowed to change or extend their status. It appears there is an exemption for close relatives of a US citizen but it is not clear to me whether that exemption only allows adjustment to permanent residence or whether it allows the alien to remain in non-immigrant status.
One thing you don't say is whether the other parent is cooperative and contactable. I know that getting a US passport for a child normally requires the consent of both parents, I'm not sure if the same applies to adjustments of status. If the other parent is uncooperative or uncontactable then it is almost certainly time to get a lawyer involved.
answered Nov 14 '17 at 13:01
Peter Green
4,6911224
AIUI (this is based on what I have read online, I am not an expert)
First you need to figure out if your children are dual citizens. Many but not all children born abroad to a US parent will be US citizens.
If your children are US citizens then they have the right to live in the US as long as they like. They should get US passports to allow them to freely leave and re-enter the US.
Secondly understand there is a difference in the US between "Visa" and "Status", similarly there is a difference between and "ESTA" and a "Visa waiver program status". Once your children are in the US expiry of the ESTA is irrelevent and extending it won't help, what matters is the expiry of the status granted when they entered the US.
Normally aliens admitted under the Visa waiver program are not allowed to change or extend their status. It appears there is an exemption for close relatives of a US citizen but it is not clear to me whether that exemption only allows adjustment to permanent residence or whether it allows the alien to remain in non-immigrant status.
One thing you don't say is whether the other parent is cooperative and contactable. I know that getting a US passport for a child normally requires the consent of both parents, I'm not sure if the same applies to adjustments of status. If the other parent is uncooperative or uncontactable then it is almost certainly time to get a lawyer involved.
answered Nov 14 '17 at 13:01
Peter Green
4,6911224
answered Nov 14 '17 at 13:01
Peter Green
4,6911224
answered Nov 14 '17 at 13:01
Peter Green
4,6911224
answered Nov 14 '17 at 13:01
Peter Green
4,6911224
4,6911224
add a comment |Â
add a comment |Â
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12
Are you certain that they're not dual citizens (it's unusual for a US citizen to have children who are not US citizens; in most circumstances the US citizenship passes from the parent to the child even when the child is born abroad)? If they're truly not US citizens, how long do you want them to stay in the US? The correct course of action in your case depends on the answers to these questions..
– phoog
Oct 5 '17 at 15:28