Family kicked out of US as a minor..

worried_jim

immoral_angeluk wrote: »

Hi all,
We're planning a family holiday to Florida in May, and am in the process of applying for the ESTA for myself and my two children.
However, I keep having a nagging worry about me being refused entry. When I was 5, my family moved to Florida and remained there on and off for 7 years before finally returning to the UK when I was 11. My parents always told me that we left due to being 'kicked out over our immigration status'. We never received citizenship and I always remained a british citizen, with a UK passport.
I never thought to get further clarification from my parents, who are now both deceased.
Can anyone think of any reason that could affect me being allowed entry to the US as an adult? With all the crazy going on at the minute over there I want to be more safe than sorry!

I tried calling the US embassy but it just went through a maze of automated messages about generic immigration queries.

How many years ago did this happen?

immoral_angeluk

It was 1990/1991 that we moved over to the US, returning permanently in 1996. We moved around often when in the US, mainly due to low income/debts.

steve1500

Unless you tell them, how are they going to know,

it is not as though you were on the FBI's wanted list

worried_jim

steve1500 wrote: »

Unless you tell them, how are they going to know,

it is not as though you were on the FBI's wanted list

My thoughts exactly.

photome

worried_jim wrote: »

My thoughts exactly.

Mine too

But wouldn t you want to be sure before flying

Nick_C

Voyager2002 wrote: »

Sadly, an ESTA is no guarantee of admission. People who need a visa (eg British citizens with a criminal record) will still get an ESTA if they apply for one...

A visa is also no guarantee of admission!

A visa or an Esta simply allow you to travel to the US. When you arrive at the Border, you apply for admission. This is at the discretion of the Immigration Officer.

An Esta is much easier and cheaper to get than a Visa. But if you are refused admission, there is no right of appeal. You can also only be admitted for a maximum of 90 days.

If you travel to the US with a valid visa and your are refused entry, you have a right to appeal to an Immigration Judge. An Immigration Officer can give you entry for up to six months if you have a Tourist Visa.

Estas expire after two years. Tourist Visas can be for life.

I think OP is worrying over nothing. In his position I would go with an Esta.

If he is seriously worried, he could try going to New York first for a short break, flying from Dublin. You clear US Customs and Immigration at Dublin before getting on the plane, and arrive in the States at a domestic terminal.

Sharon87

In my opinion I don't think you will be refused entry. If you're British they rarely question anything, they ask why you're coming to the US, and I'm assuming you're going Orlando or Miami (or a popular tourist place). I understand you may be worried, but don't be. You were 11, at the time, not responsible for anything, as long as you don't look like you're trying to settle in the USA then they'll let you in!

shaun_from_Africa

Nick_C wrote: »

Estas expire after two years. Tourist Visas can be for life.

That used to be the case but not any more.
Some people who had tourist visas had "indefinite" ones which in theory should never have expired but these are no longer valid and if a visa is required for travel, a new one must now be applied for (which have a maximum validity of 10 years).

immoral_angeluk

Hi all, thanks for all the comments and advice.

I emailed the USCIS Field office in London(Or whatever the abbreviation is..), who replied this morning.

Since your ESTA was approved, there should be no problem for you entering the United States on holiday.



Moreover, even if your parents had to depart the United States in 1996 for immigrant purposes, you were only 11 at the time and under 18 and therefore, no liable for any immigration violations that your parents might have incurred.

I can now relax and look forward to our holiday

George_Michael

If you are interested in reading the exact secion of US immigration law that covers this:

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i).