Parents, guardians must show proof of relationship with minors
Q: My 16-year-old daughter’s tourist visa has expired, I am not the holder of a visa, and her dad’s visa has also expired. Can I take her to reapply knowing that I don’t have a visa or can her dad take her with an expired visa?
A: Under US immigration law, a parent or legal guardian can apply for the visa of a minor child. Individuals under the age of 18 are considered minors. Applicants over the age of 14 need to be present at the interview in order to provide biometric information (ie fingerprints).
The parent or legal guardian must show proof of legal relationship to the minor applicant. The consular officer will need to see the computer-generated birth certificate or computer-generated adoption register from the Registrar General’s Department.
If the visa of the parent or legal guardian has expired, she or he can apply to renew her/ his visa at the same time of the renewal of the visa for the minor child.
When the parent or legal guardian and/or child applies for a new visa, we will interview her/him the same way that we interview all other applicants as required by US immigration law. During the interview, we consider how the parent or legal guardian and/or child used previous visas.
It must be noted that applicants who have received visas in the past do not automatically qualify for a visa. In certain cases, individuals who previously qualified for a visitor’s visa may not qualify to receive another visa. We will consider the current situation of the applicant to determine whether she or he is still eligible for a visa. Generally, if the parent or legal guardian is unsuccessful in the renewal or obtainment of her/his visa, the visa application of the minor child will also be denied at the same time.
As with all other applicants, the ultimate decision to issue a visa is based on the confidence the consular officer has at the time of the interview that an applicant will abide by the terms of the visa and use it for the purposes intended.
The American Embassy staff in Kingston will answer any questions you may have regarding US consular law, regulations and/or practice. In order to respect the privacy of applicants, the embassy will not answer questions on specific personal applications.
Send your questions to: editorial@jamaicaobserver.com and we will send them to the embassy.
