Long time since I've been here! VWP Overstay, Now wants B2 so son can visit Dad!

[Darnell 8,478]

Thanks for the suggestions of what to take. I've printed them out!

I did apply through ESTA but I couldn't complete it because of the 'have you EVER overstayed a Visa or Visa Waiver' question. I said yes, and it referred me to the American Embassy. There's no option for 'its been forgiven!' I'd have to outright lie and say No to even get through to the end of the process.

I'm hoping this post may help other people in my position. I can't be the only overstayer who abandoned their green card! Its very misleading to say an overstay is 'forgiven' if you marry a USC and go through AOS, because until you get citizenship my experience is - it isn't.

Ouch. Sorry - that must be the answer, now - shove off to the Embassy for a B-2. Double ouch. I totally forgot about the ESTA portal - so is good you were able to vette all, yes?

[The Heub's 0]

I'll take the other side on this one. An overstay is not "forgiven". Thats a catch phrase we see a lot but it's not technically corect. A person who enters legally and overstays is eligible to adjust status to become a permanent resident (as an I-130 beneficiary) without the need for a waiver to be filed. At which point the overstay becomes irrelevant.

Every entry to the US is decided on it's own merits. Unfortunately Jen will now be attempting to enter the US as a non immigrant with a prior overstay. IMO the information given by the embassy is correct. The VWP is not an option. The B2 is a possibility.

I would take every last bit of evidence that could possibly help show ties to the UK. Letters are helpful but it is most important to show strong financial and personal ties to the UK.

Hi there,

An overstay is not "forgiven". Thats a catch phrase we see a lot but it's not technically corect. A person who enters legally and overstays is eligible to adjust status to become a permanent resident (as an I-130 beneficiary) without the need for a waiver to be filed.

Does this bit off info you write still stand?

[Dakine10 5,452]

Hi there,

An overstay is not "forgiven". Thats a catch phrase we see a lot but it's not technically corect. A person who enters legally and overstays is eligible to adjust status to become a permanent resident (as an I-130 beneficiary) without the need for a waiver to be filed.

Does this bit off info you write still stand?

Yes but take it in context of the whole post. For someone married to a USC and adjusting status in the US, the overstay should not be an issue, (as long as you don't leave the USA prior to getting permanent resident status). I'm just saying "forgiven" is the wrong word.

Since a waiver is not needed if adjusting based on marriage to a USC most people will get their permanent resident status. Once that happens, you are no longer subject to the parts of the INA that are specific to non-immigrant visa's. Which is why I say the overstay becomes irrelevant, but not forgiven.

If you ever give up permanent resident status and want to enter the USA as a non immigrant (such as Jen's case), the non immigrant sections of the INA apply once again, and the record of prior violations is still there.

So I don't wan't to cause confusion. For most it's just a matter of semantics, but to be technically correct, the overstay is not forgiven, the law just no longer applies to you (as a permanent resident).

[Harsh_77 718]

On this one I would go with Dakine - your overstay is forgiven is a misleading phrase.

Your overstay and other minor immigration violations are overlooked only for that particular application, (in your case when your ex applied for your AOS based on marriage).

USCIS is tries to accommodate spouse of USC to be together without much of hassle, and hence they overlooked your violation at that time.

Now in your case once you returned back to UK and lived in UK for 4 yrs, means you will have to apply as any regular traveler would do.

If the regulation states that VWP violators cannot travel back on VWP then, that would apply to you as well.

[mrs.jenjen 0]

On this one I would go with Dakine - your overstay is forgiven is a misleading phrase.

Your overstay and other minor immigration violations are overlooked only for that particular application, (in your case when your ex applied for your AOS based on marriage).

USCIS is tries to accommodate spouse of USC to be together without much of hassle, and hence they overlooked your violation at that time.

Now in your case once you returned back to UK and lived in UK for 4 yrs, means you will have to apply as any regular traveler would do.

If the regulation states that VWP violators cannot travel back on VWP then, that would apply to you as well.

Yep, All of this!

Just to let people know what happened if anyone else ever finds themselves in this situation:

I booked myself a B2 appointment and spent a day at the US embassy in July. The people there were really... human, and totally understood my reasoning for wanting to take my son back for a visit. They didn't seem concerned about any imigrant intent at all. They were very thorough with my paperwork though, so I think it worked in my favour that I had company incorporation documents, tenancy agreements, finance agreements on my car etc to show them. If anyone does find themselves applying for a B2 - definately take everything you can think of paperwork wise!

In the end I was interviewed in a closed office (most of the people there were applying for J1's and were interviewed in open kiosks) and given a 10 year B2. The woman at the end said that I was right to err on the side of caution and do things properly, because if I'd tried to enter on the VWP it would have been entirely up to the POE person's discretion whether I would be allowed entry or not. She said because my case was relatively straight forward they MAY have overlooked my past overstay and let me proceed on the VWP, but it was a big risk and totally dependent on how much the POE person wanted to stick to the rules. Not really the kind of odds I want to face when I'm travelling with a child!

So.. thats it really. It wasn't traumatic at all, and I have my visa and the knowledge that I've crossed all the t's and dotted the i's. If anyone else is in my position I really really recommend going the route I did. It might have been expensive but its worth every penny for the peace of mind you get afterwards.

We fly next week for 10 days, so wish me luck!

[Darnell 8,478]

I'm so glad it all worked out !!! 10 year B-2 trumps much, but still up to POE to let you in, or no.

All that stuff you submitted for the B-2? Bring it with you, for that first trip, in case it's needed at the POE.

Good Luck !

[mrs.jenjen 0]

I'm so glad it all worked out !!! 10 year B-2 trumps much, but still up to POE to let you in, or no.

All that stuff you submitted for the B-2? Bring it with you, for that first trip, in case it's needed at the POE.

Good Luck !

I plan to, especially as we're entering the US in NY and flying down to Texas the next day. I want to make sure the dude at the POE in NY is fully aware that I have no intentions of overstaying again.

I'm also taking a tonne of accounts with me to do in the hotel too, since I'm probably going to be spending most evenings holed up while my 3 year old sleeps! I figure they might help prove my case at POE as well if they do get fussy - no sane person would be worried about their UK tax return if they were intending to overstay!

Hopefully all will go well and there will be no further blips. Thanks everyone for your advice and suggestions on what to take.

Jen x

[Dakine10 5,452]

I plan to, especially as we're entering the US in NY and flying down to Texas the next day. I want to make sure the dude at the POE in NY is fully aware that I have no intentions of overstaying again.

I'm also taking a tonne of accounts with me to do in the hotel too, since I'm probably going to be spending most evenings holed up while my 3 year old sleeps! I figure they might help prove my case at POE as well if they do get fussy - no sane person would be worried about their UK tax return if they were intending to overstay!

Hopefully all will go well and there will be no further blips. Thanks everyone for your advice and suggestions on what to take.

Jen x

Good luck Jen. My daughter was 3 when we took our first transatlantic flight. I was more worried about how she would do than getting a visa or anything like that. She slept almost the whole way though. Hope you have a smooth journey.

[mrs.jenjen 0]

Good luck Jen. My daughter was 3 when we took our first transatlantic flight. I was more worried about how she would do than getting a visa or anything like that. She slept almost the whole way though. Hope you have a smooth journey.

Thank you! I've intentionally got a late night flight into New York to increase the likelihood of him sleeping! He's at nursery all day that day while I pack so I'm hoping he'll be tired by the time we get to Heathrow. We've only ever flown for four hours before, so 10 hours in one go (London to Dallas) seemed like too much to expect from him in one go. Hopefully this way - 8 hours to NY one day and four hours to Dallas the next will break up the trip a bit! Then again, you know what they say about 'best laid plans!'

I'm glad to hear your daughter handled the flight well. Here's hoping my son does too!

Jen x