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Slight overstay in the USA

  • 09-01-2013 5:08pm
    #1
    P.Raff
    Registered Users, Registered Users 2 Posts: 3 ✭


    I travelled to usa around two years ago on a 90 day holiday visa while I was travelling in the us. I travelled on 20th june so automatically thought three months later 90days would be 20th september (stupid assumption i know) and my visa finished on the 19th. I am now travelling to ny for st patricks day and am confused to wether this will hender my travel or or if I will be refused entry.

    Any idea on what I need to do or if it is possible to travel back to the us? Or even if there is a visa which i can apply for?
    Thanks


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    You have three choices....

    1. Apply for the ESTA and do not mention that you overstayed on the previous visit. To call a spade a spade, this will involve you telling an untruth in the application with the potential to be banned or treated like an undesirable for some time to come. Remember that your exit was logged so in all probability they have you marked as someone who overstayed.

    2. Apply for the ESTA and do admit that you overstayed on the previous visit. They may choose to overlook it and issue you with an ESTA approval.

    3. Accept that you are now a persona non grata and apply for a visa, this would be a pessimistic approach in my view.

    If I was you I'd go for option 2, the worst that can happen is that they defer or refuse the ESTA application, I suspect it will be deferred (you won't get an instant approval) and they will approve you in a matter of days. If they refuse, you have to go down the visa route.

    Start now in case you have to apply for a visa. If you get an ESTA approval, it's good for two years or until your current passport expires, whichever comes first.


  • #3
    P.Raff
    Registered Users, Registered Users 2 Posts: 3 ✭P.Raff


    I am just of the phone top the us embassy in Belfast and they have stated that no matter the overstay by 1 day or 1 month I will need a b2 visa at a cost of 160.00 and even then the application may be denied.
    If i apply for the esta and it is approved do i then need a visa or can i travel on the esta alone???


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    P.Raff wrote: »
    If i apply for the esta and it is approved do i then need a visa or can i travel on the esta alone???

    I wouldn't have phoned and asked, that answer you got is what you'd expect. What else did you think an official would say when asked to give an instant response?

    For someone on the phone giving official information, it's always safe to say 'no'.

    If you declare it on the ESTA application and get approved then you should be ok. The ESTA application will be available to view by the US Immigration agent in Dublin airport. If you've declared it, they knew about it but approved you so you should be ok.

    I can't see how they could approve your ESTA application and then turn you away at the gate. For my money you have nothing to lose (apart from $14) by applying for the ESTA and being upfront about your transgression. If they approve the ESTA I say you're fine, if not you go the visa route.


  • #5
    P.Raff
    Registered Users, Registered Users 2 Posts: 3 ✭P.Raff


    I am filling out the esta application form now and it does not ask you have you overstayed a visa before do you know where this information needs to be provided?


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    P.Raff wrote: »
    I am filling out the esta application form now and it does not ask you have you overstayed a visa before do you know where this information needs to be provided?

    You posted your query earlier today in two separate threads in this forum, in at least one of them a poster quoted an ESTA question along the lines of 'have you ever overstayed', go back and have a look.


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  • #7
    BuffyBot
    Registered Users, Registered Users 2 Posts: 24,924 ✭✭✭✭BuffyBot


    I can't see how they could approve your ESTA application and then turn you away at the gate. For my money you have nothing to lose (apart from $14) by applying for the ESTA and being upfront about your transgression. If they approve the ESTA I say you're fine, if not you go the visa route.

    Yes they can. ESTA approval means nothing. You are not guaranteed entry in the least. It is up to the Customs and Border Protection officer on the day. If they aren't happy with the overstay (which even if you are ESTA approved, they probably will be), they are perfectly entitled to deny you entry.

    See the last point here: https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#vwp3

    Unfortunately, OP, a visa application is most likely your only bet. You didn't comply with your previous ESTA admission, which would mean that you are excluded from making use of it again.

    They are quite strict. If you try to go through on an ESTA this time, and you get refused it could make life very difficult for you in the futute if you wish to go to the USA.


  • #8
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    BuffyBot wrote: »
    Unfortunately, OP, a visa application is most likely your only bet. You didn't comply with your previous ESTA admission, which would mean that you are excluded from making use of it again.

    You're right, this poster (not me, the link below) overstayed by two days and was told on his next visit that he had lost his ESTA (VWP) eligibility for life. He landed in the US and got the third degree from CBP but they let him stay that time. If he was being processed in Dublin it's almost certain that they would have refused him entry....

    http://www.boards.ie/vbulletin/showpost.php?p=81618646&postcount=8


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