Originally Posted by
seraphum
The denial letter listed 'Visa Overstay' as the reason, but given that it happened as a child, it seems like an ungenerous interpretation. Does he have any hope of success in appealing to the ombudsman, emphasizing that he was a young child when brought, and that he did not knowingly overstay?
This is such an unusual situation that no one here can say for sure. Certainly I feel for your friend, who must be disappointed in the insinuation that he is untrustworthy due to a visa overstay decision made by his parents. Having said that though, CBP denies GE for all sorts of reasons, fair and unfair. I myself was denied for no stated reason, which still rankles.
Originally Posted by
Loren Pechtel
I doubt he married before turning 18. Thus he was overstaying as an adult. The only defense would be if he didn't know he was here illegally.
Setting aside your comment about the timing of his marriage, you bring up a good point about those brought here as children, those known as
"DREAMers." As the US is the only home they've ever known, it seems odd to expect or insist that they return to the country of their birth upon their 18th birthday. But neither do they -- or anyone, for that matter -- have a right to GE. CBP is well within its rights to say their background is too muddy to allow GE approval.