friend overstayed by 3 weeks on VWP visit to US....consequences?

[Blaine74 0]

Will they be barred in the future from entering in the US on the VWP?

[Robert&Karen 264]

I believe there is a mandatory bar to re-entry for a period of time. Unless there were extenuating circumstances, of course.

[VanessaTony 3,567]

Will they be barred in the future from entering in the US on the VWP?

yes. see this link here: https://help.cbp.gov/app/answers/detail/a_id/757/kw/overstay/session/L3NpZC9NYThoNGdNaw%3D%3D They would need to apply for ESTA. Even if it was approved they would probably be denied at the border due to the overstay.

[Penguin_ie 5,993]

yes. see this link here: https://help.cbp.gov/app/answers/detail/a_id/757/kw/overstay/session/L3NpZC9NYThoNGdNaw%3D%3D They would need to apply for ESTA. Even if it was approved they would probably be denied at the border due to the overstay.

I have a few Irish friends who overstayed, and were later turned back when trying to use the VWP again. The good news is that the chances of getting a B2 tourist visa are fairly good as long as you have strong ties to home and it's been a couple of years since the overstay (at least in Ireland).

[missicy 87]

yes. see this link here: https://help.cbp.gov/app/answers/detail/a_id/757/kw/overstay/session/L3NpZC9NYThoNGdNaw%3D%3D They would need to apply for ESTA. Even if it was approved they would probably be denied at the border due to the overstay.

Overstay makes them ineligible for VWP so instead of applying for ESTA they would need to apply for B2. (When does a national of a VWP country need to apply for a visa instead of using the VWP?)

[VanessaTony 3,567]

Overstay makes them ineligible for VWP so instead of applying for ESTA they would need to apply for B2. (When does a national of a VWP country need to apply for a visa instead of using the VWP?)

I know. My point was that there is no question on ESTA on overstay. This confuses a lot of people and they think because it's not asked it's not an issue... which is why I said even if ESTA was approved, CBP would probably turn them away.

B2 is the only other choice and it's not easy to get. The overstay shows a disregard for the rules. The OP's friend could try, but would need to take a lot of evidence of ties to their home country.

[danielcris 0]

[Noah Lot 391]

I know. My point was that there is no question on ESTA on overstay. This confuses a lot of people and they think because it's not asked it's not an issue... which is why I said even if ESTA was approved, CBP would probably turn them away.

B2 is the only other choice and it's not easy to get. The overstay shows a disregard for the rules. The OP's friend could try, but would need to take a lot of evidence of ties to their home country.

My understanding is that a one or perhaps two day overstay can be unofficially 'waived' (ignored) by CBP, but beyond that period of time, unless the overstayer was in a coma or in jail (which might come with its own set of problems!), an VWP overstay erases one's ability to travel again under the VWP...and thus would have to try and get a B2 visa and explain with a straight face why the person 'forgot' to return when they were supposed to (after all, they were supposed to have round trip tickets and I have not read anything in the newspapers recently that airline service had been suspended for 3 weeks from any US airport to any destination in the world whose citizens can use the VWP)

I doubt that VOs are too sympathetic for those who have chosen to ignore our rules....and if the 'friend' in question is of working age, well, what VWP country offers 4 month paid vacations to its citizens? I cannot think of one...which then begs the question (one that will be asked by the VO) as to what represents a strong reason to depart the US if one does not have steady employment? (and self appointed consultants and budding authors are not likely to convince a VO about the incredible freedom their chosen 'occupation' provides) And just starting a new job means that the applicant could not possible have accrued sufficient leave to be able to wander off on yet another vacation....I doubt Bill Gates 'vacations' for months out of the year, even though he could afford to do so.