Entering with VWP

[RoyallyLoyal 0]

Greetings everyone,

First off, I would like to thank everyone for contributing to an amazing forum that has copious amounts of information throughout the archived posts. I really thought there was no place where I would be able to explain my situation, but thankfully I was wrong!

My situation is quite unique, so I will try to keep it as concise as possible.

Before the year 2000, I entered the US as a child with a visa waiver. Clearly, I had no idea what bureaucratic hurdles my mom had to hop through since she ended up obtaining a temporary visitor's visa for 2 years but ended up overstaying. A naive child, I believed my mom when she said we were coming to the US for vacation. Two years later, my mom decided that we weren't going to return because all of her family was in the US. A few months later, my dad came with a visa waiver, and he also ended up overstaying. Fast-forward ten years, and I'm throwing my tassel and cap in the air during my high school graduation ceremony. That's when it hit me- I was an undocumented alien. Although I applied to several prestigious universities and was accepted with some nice scholarships, I could not afford to pay tuition without any financial aid. I already had my sights set on moving back to Europe when I found out I hit the dead end, so this wasn't an issue. When the DREAM act was quashed by the senate, I moved back to Germany with my mom, which was circa the first week of December 2010. Now, after nearly four months abroad, I want to make a brief return; however, since I now have control of my situation, I want to do things right this time. Here is where my visa issues come in...

When I initially entered the US, I entered with a visa waiver that was attached to my German passport. During my stay in the US, my German passport expired. Of course, there were no biometrics or chips in my passport. My father, a British citizen, petitioned me as my senior year became imminent since we had discussed studying in the UK and Germany. I got my UK passport (conveniently as an 18th birthday present!) and was delighted to see my status as a 'British Citizen', but I was a bit worried when I saw the issuing body as 'FCO' (Foreign Commonwealth Office). My father sent all the materials to the British embassy in DC, so I am worried that upon returning, the border agents will see this and question me. Also, I purchased my tickets to return to Europe from cheaptickets.com. At the airport, the flight attendant scanned my passport and entered my mother's (non-biometric) manually to claim our tickets. However, this was the first time I used the British passport for travel, so I do not know if that raised a flag in the system. I'm assuming it is now in the system, which will cause me to be be flagged when I return, but I really want to do this right as a responsible adult. I do not want to lie to the border agents, but what am I to do if they barrage me with the following quintessential questions: Have you been here before? (Oh how I dread being asked that question...) Do you have any immediate family here? (Again, my grandmother and father are there - both undocumented. My uncle and cousins are there as well, but they are citizens). The fact that I have significantly limited rights at my POE, coupled with my fears of being thoroughly questioned, makes this treacherous journey quite intimidating.

The reason I would like to return is because of a music festival that I have not missed for the last five years. I had already purchased my tickets prior to leaving, and they are now safely waiting for me at a friend's house. Thus, this will be entirely a pleasure stay. At 19 years old, I have no intentions of getting married as I will be starting school in the UK this fall semester. I don't have any college letters that I can provide as I recently submitted my applications, but I do have sufficient funds to cover my stay. Although the funds are in my Bank of America account (which I hope does not raise a red flag when they scan my passport!), I will be withdrawing the funds to take in cash (~$2000) or deposit into my German bank account, which I hope will serve as sufficient proof of ties to my country. I plan to stay roughly 2 months with friends (not family, although I want to see them as well), and I have already submitted my ESTA, but I will be paying the fee with my German debit card soon. I am trying to be as legitimate and responsible as possible as an adult, but I am very afraid that I will be denied entry, be returned right after arrival with my own ticket, thereby wasting $800, and possibly be banned from using my British passport for the VWP.

So, friendly guardians of visajourney, is there hope for me?

Edited March 15, 2011 by RoyallyLoyal

[Harpa Timsah 13,258]

You cannot try to use a different passport to avoid any issues you may have with VWP. Any ban you may have triggered is based on YOU, the person, not your passport. To try to get around that is sneaky and illegal.

Now, the good news is that you did not accrue any days of illegal presence when you were little. Once you turned 18, you began to accrue illegal days. If you left before your 18 1/2 birthday, you do not have a ban on your head.

Now, I do not know if you are eligible to use the VWP again, and I think you are not because you overstayed (not sure there is an exception for children, but anyone who overstays the VWP even by one day cannot use it again). However, you may be eligible for a B2 tourist visa. Someone who is sure will pipe in.

In the meantime, could you answer, did you leave before your 18 1/2 birthday?

[Brother Hesekiel 2,236]

Harpa Timsah already covered the basics.

You entered the US with inspection, so that's good. When you left, there was no match between your departure and entrance record, so that's bad. It automatically turns on a red light.

What's your birthday?

When exactly did you leave?

It really may be an issue of days. Oh, yes, and you can't use the VWP anymore because you overstayed; you'll need a B2.

[RoyallyLoyal 0]

Thank you for your replies.

Yes, I feared that would be the case. Unfortunately, my Birthday is during the start of March and I left in early December, so I appear to have passed the 18 1/2 limit. Am I banned from using the VWP for life or is this a 10 year ban?

Can my conditions possibly prevent me from obtaining the B2 visa as well? I would love to begin the application process, but I don't have the slightest idea on how to start. I understand that my closest embassy is in Frankfurt and that I will have to inevitably visit for an interview, but can I submit the application online or mail the papers? I assume that it will be faster if I deliver the paperwork in person (which wouldn't be a problem with Germany's train system). The wait time is around ~2 months, correct? I apologize for the bombardment of questions, but I have a curious mind and am eager to start as soon as I know the basics!

Again, I appreciate your efforts in clarifying my situation!

[sciencenerd 56]

Thank you for your replies.

Yes, I feared that would be the case. Unfortunately, my Birthday is during the start of March and I left in early December, so I appear to have passed the 18 1/2 limit. Am I banned from using the VWP for life or is this a 10 year ban?

Can my conditions possibly prevent me from obtaining the B2 visa as well? I would love to begin the application process, but I don't have the slightest idea on how to start. I understand that my closest embassy is in Frankfurt and that I will have to inevitably visit for an interview, but can I submit the application online or mail the papers? I assume that it will be faster if I deliver the paperwork in person (which wouldn't be a problem with Germany's train system). The wait time is around ~2 months, correct? I apologize for the bombardment of questions, but I have a curious mind and am eager to start as soon as I know the basics!

Again, I appreciate your efforts in clarifying my situation!

My understanding is you will be barred from the VWP for life, but you are also banned from entering the US for 3 years without a waiver. Good luck.

[VanessaTony 3,567]

Unfortunately you can never use the VWP again because of your overstay. The B2 visa is also a no-go until you have ridden out your 3 year ban (180 days of overstay is 3 year ban, over a year is 10 year ban).

You could TRY using your other passport but I don't know how well that would work and if it didn't work you could end up in bigger trouble that you already are.

You say you already applied for ESTA. The only way for you to have been approved is if you answered "No" to have you ever overstayed. If you answered yes to that question you would have been denied.