oil

My husband and me both have EU passports, but our kids are both born in the US, have US passports, and we have been living here for more than 4 years now. He is on an O1 visa and I am on an O3 (spouse to O1). We have to travel home next week for multiple emergencies in our families (and were planning to return to the US in early September). Until recently I thought that the O1 and the fact that we have US citizen kids will make our return possible. Now our lawyer said that in the past few weeks he heard of more and more problems for O1 holders not being allowed re-entry. Lawyer does not have experience with non-US citizens traveling with their underage US citizen kids though.

I thought we would be protected under the following exemption to the March 11 proclamation:
Suspension and Limitation on Entry
(a) Section 1 of this proclamation shall not apply to:
any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

So I was wondering if anyone who is not married to a US citizen but does have US kids recently made it (or not) back to the US from Schengen?

larsok

I have the same question.
Can anyone advise on entry to the US from Schengen for non-US parents of a US minor?
Does the child have to travel with you?

garykung

IANAL. However, I can see how you are your lawyer are confused about the issue.

The President's Proclamation does exempt you from the ban. However, just because you are not subject to the ban, you are still subject to the typical immigration processing as a non-immigrant. Because you don't have a right or entitlement to enter the U.S., so CBP is empower to review your entry every single time (having a visa is not a guarantee of admission). If by any chance, in CBP's own discretion, determines that the O-1 Visa holder is not qualified as claimed, then CBP can deny the entire party's entry and revoke the visa. I believe this is what happened per your lawyer's cases.

In your case, given that you have U.S. children, who are entitled to enter and leave the U.S., CBP is unlikely to deny entry at the spot, i.e. port of entry, if they intend to deny entry. Instead, you may be referred to a deferred inspection process. At that time, you will be given a second chance to explain yourself before kicking you out.

So you should be fine at least during the entry.

The children need not to be travel with you. However, AFAICT, to claim an exemption from the ban, your children should be reasonably available, i.e. you can't claim to enter the U.S. under the exemption when your children are in Europe. It would only make sense if the children are either part of the travel party or they are already in the U.S.

larsok

Thanks for your input, what you say makes a lot of sense.
Personally, I hold an E2 visa.
I will probably not try to get an exemption based an my US citizen child as I think it may be viewed as trying to find a loophole and I don't want to be denied entry,
Does anyone have experience with entering after staying in a country not subject to the ban for 14 days? Then it should be a regular immigration process.

garykung

In theory, yes. However, the current "policy" seems to be excluding any foreign labor. So...good luck...

Often1

What country's passport do you hold? "EU" is irrelevant for purposes of US entry.

With that information, you can run your information through TIMATIC and also determine whether you (and your children) will be subject to a 14-day quarantine.

seawolf

A reminder that the 14-day quarantine coming into US is entirely dependent on the US state you are travelling to; there is no quarantine requirement on the Federal level . With the exception of Massachusetts, specific quarantine requirements are not in TIMATIC.

Finkface

It appears they are flying LAX-MUC-VIE. The OP has a few different threads going on different aspects of this trip.
https://www.flyertalk.com/forum/32593284-post1.html

erik123

On a different note - I would assume your kids are citizens of a EU country by virtue of the parents. I would get them their passports asap and wonder why you haven't done so. Call the relevant consulate to get info and request birth certificates so you can have them legalized.

NewbieRunner

Thread closed since the OP has asked the same/related questions in other forums and has not returned to this thread.


NewbieRunner
Forum moderator