Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • immoral_angeluk
    • By immoral_angeluk 5th Jan 18, 3:14 PM
    • 23,754Posts
    • 22,635Thanks
    immoral_angeluk
    0 WOW
    Family kicked out of US as a minor..
    • #1
    • 5th Jan 18, 3:14 PM
    0 WOW
    Family kicked out of US as a minor.. 5th Jan 18 at 3:14 PM
    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.
    Total 'Failed Business' Debt 29,043
    Que sera, sera. <3
Page 2
    • BorisThomson
    • By BorisThomson 6th Jan 18, 3:26 PM
    • 1,586 Posts
    • 3,426 Thanks
    BorisThomson
    Here's the information you need, select Department of Homeland Security and US Citizenship and Immigration Services, and the contact details are there. You'll need to supply some identification before they can release records about yourself.
    • worried jim
    • By worried jim 6th Jan 18, 3:32 PM
    • 9,232 Posts
    • 14,239 Thanks
    worried jim
    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.
    Originally posted by immoral_angeluk
    How many years ago did this happen?
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
    • immoral_angeluk
    • By immoral_angeluk 6th Jan 18, 3:36 PM
    • 23,754 Posts
    • 22,635 Thanks
    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.
    Total 'Failed Business' Debt 29,043
    Que sera, sera. <3
    • steve1500
    • By steve1500 7th Jan 18, 9:36 AM
    • 1,033 Posts
    • 697 Thanks
    steve1500
    Unless you tell them, how are they going to know,

    it is not as though you were on the FBI's wanted list
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May - It's free & ask for everything, don't forget the DVLA
    • worried jim
    • By worried jim 7th Jan 18, 4:39 PM
    • 9,232 Posts
    • 14,239 Thanks
    worried jim
    Unless you tell them, how are they going to know,

    it is not as though you were on the FBI's wanted list
    Originally posted by steve1500
    My thoughts exactly.
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
    • photome
    • By photome 7th Jan 18, 4:50 PM
    • 13,183 Posts
    • 8,736 Thanks
    photome
    My thoughts exactly.
    Originally posted by worried jim
    Mine too

    But wouldn t you want to be sure before flying
    • Nick_C
    • By Nick_C 7th Jan 18, 5:53 PM
    • 3,850 Posts
    • 5,291 Thanks
    Nick_C
    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...
    Originally posted by Voyager2002
    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
    • By Sharon87 7th Jan 18, 9:40 PM
    • 3,538 Posts
    • 3,014 Thanks
    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
    • By shaun from Africa 8th Jan 18, 2:36 AM
    • 10,047 Posts
    • 11,319 Thanks
    shaun from Africa
    Estas expire after two years. Tourist Visas can be for life.
    Originally posted by Nick_C

    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
    • By immoral_angeluk 8th Jan 18, 11:23 AM
    • 23,754 Posts
    • 22,635 Thanks
    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
    Total 'Failed Business' Debt 29,043
    Que sera, sera. <3
    • George Michael
    • By George Michael 8th Jan 18, 11:57 AM
    • 3,087 Posts
    • 4,155 Thanks
    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).
    • Nick_C
    • By Nick_C 8th Jan 18, 1:32 PM
    • 3,850 Posts
    • 5,291 Thanks
    Nick_C
    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).
    Originally posted by shaun from Africa
    Thanks. I wasn't aware of that.

    I used to have an indefinite tourist visa for the US, but my passport stolen, and since then I've used the Visa Waiver Scheme.
    • worried jim
    • By worried jim 8th Jan 18, 1:41 PM
    • 9,232 Posts
    • 14,239 Thanks
    worried jim
    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.




    I can now relax and look forward to our holiday
    Originally posted by immoral_angeluk
    Great news! Have a fab time, I was there in November and recommend an NBA Orlando Magic game if you get the chance, superb evening and a real spectacle.
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
    • shaun from Africa
    • By shaun from Africa 8th Jan 18, 2:36 PM
    • 10,047 Posts
    • 11,319 Thanks
    shaun from Africa
    Thanks. I wasn't aware of that.

    I used to have an indefinite tourist visa for the US, but my passport stolen, and since then I've used the Visa Waiver Scheme.
    Originally posted by Nick_C
    The only reason I know is that I'm required to have a B1/B2 visa for work purposes and when I obtained my first, I tried to get an indefinite one so I didn't have to go through the hassle of reapplying but couldn't so I ended up with a 10 year one. (now on my second one of these).
    • NoodleDoodleMan
    • By NoodleDoodleMan 8th Jan 18, 8:59 PM
    • 447 Posts
    • 137 Thanks
    NoodleDoodleMan
    Sounds as if your family were deported from the USA as illegal aliens for violation of visa conditions.

    I believe the general scenario is (or was) that you can stay in the States for six months maximum in any twelve month period on a visitor visa - then you have to reapply.

    Maybe somebody is up to speed on that ?

    That deportation may (or may not) be on record - if the former is the case you may well have difficulty entering America.

    The US Embassy is probably the authority to clarify - however, by asking you are flagging up your potential problem.

    Tricky one.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,233Posts Today

8,766Users online

Martin's Twitter