Overstayed VWP - Now Just need to transit..HELP

[freefall 0]

Australian Citizen

When I was young and stupid..Back in 2001 I Overstayed my VWP by 19 months , I then returned and my VWP was approved again , For personal reasons I overstayed that visa for ..get ready...overstayed for ..8 years!!

. I was supposed to get married and get things in order but that didn't work out , so I decided to go back to Australia but first I came to El Salvador to visit family . Now I'm getting ready to go back to Australia . I only intent to stop by the US for Transit reasons. I no longer desire to live there.

I'm willing to take responsability for my actions ,whatever they decide to do ban me for life etc..I know these are consequences for my bad decisions.

I just don't know what to expect , Should I try to get a Transit visa? I don't really want to try out for the VWP for I don't plan to stay in the US..simply transit on my way to Australia.

Once I'm at the airport would they just punish me and then put me on my flight ?

I plan to be honest with them as I have no reasons to lie, though I have friends and some familiy I may not be able to visit for sometime o ever ,I just want to get this of my chest ..pay the price and go on to living my life in Australia.

Any advice would be appriciated

[jhm3 15]

The trouble is that even if you are just passing through the US in transit, you still have to go through US immigration, and with your long overstay, you are banned from entering the US (even in transit) for (I think) 10 years. You therefore wouldn't be eligible for a visa, and I presume an ESTA application for participation in the VWP would be denied. And wouldn't you need an ESTA approval to board your flight to the US? If you did manage to get on the flight and to get to the US, I don't know what would happen. In theory, I suppose CBP could send you back to El Salvador as you would be inadmissable and that is where you arrived from, but since you would be planning on traveling on to Australia anyway, it's possible, I guess, that they would let you continue on to your onward flight.

Under the circumstances, I'm thinking you might be better off looking for a routing back to Australia through Canada, South America, or even Europe. It's probably hard (and more expensive) to avoid the US on this itinerary, but you might want to look into the options ... Good luck!

[jaycali 415]

Australian Citizen When I was young and stupid..Back in 2001 I Overstayed my VWP by 19 months , I then returned and my VWP was approved again , For personal reasons I overstayed that visa for ..get ready...overstayed for ..8 years!! . I was supposed to get married and get things in order but that didn't work out , so I decided to go back to Australia but first I came to El Salvador to visit family . Now I'm getting ready to go back to Australia . I only intent to stop by the US for Transit reasons. I no longer desire to live there. I'm willing to take responsability for my actions ,whatever they decide to do ban me for life etc..I know these are consequences for my bad decisions. I just don't know what to expect , Should I try to get a Transit visa? I don't really want to try out for the VWP for I don't plan to stay in the US..simply transit on my way to Australia. Once I'm at the airport would they just punish me and then put me on my flight ? I plan to be honest with them as I have no reasons to lie, though I have friends and some familiy I may not be able to visit for sometime o ever ,I just want to get this of my chest ..pay the price and go on to living my life in Australia. Any advice would be appriciated

If you made it to the airport, there's no punishment other than a 10 year ban. However, you most likely won't even get on the flight.

You won't be able to board a flight to the US visa-free without an approved ESTA. (VWP travelers can no longer board the flight without an approved ESTA). You won't get ESTA approved with your history so you'd need a visa. You won't be able to board any flight to the US without a valid visa, which you most likely won't get, even for transit.

So all in all, you won't be able to even board the flight. Try to fly through Mexico or Canada, I'd assume it to be easier, and cheaper than being denied boarding.

Edited April 23, 2012 by jaejayC

[freefall 0]

Thank you Jhm3 for your input. I do fear that they will send me back to El Salvador and the flight money to Australia would go to waste. I know I relative of mine who was not granted a visa was put on hold and had two immigration agents with him until his connecting flight took off. Since My last entry to the USA was March 2003 when does the 10 year ban start? back in 2003 or just now that I felt in 2011 ?

ugg..talking about all this makes nauceous

[freefall 0]

Thank you , I had thought about going through South America but Canada sounds much better. You are right is better to buy a ticket where I know I will get to my destination than being denied at bording gate or denied at US Airport.

[ceadsearc 516]

The ban starts when you leave. So 2011.

[kzielu 1,149]

You will denied entry and send back to whenever you came from, which is not quite (I assume) where you want to go. You need to arrange your flights to avoid a stop in US...

[Delta5 9]

I'm sorry, but No you will not be able to use the VWP under the overstay that you have just stated in the past, even for just the purpose of transiting, unless of course you get lucky and found some IO at the airport that was not paying attention to your past overstay, but that's very unlikely to happen. I was even surprised that you were let in under the VWP for the second time according to your post with a previous 19 months of overstay.

Its definitely No approval on the transit visa at the US consular office. Again, your two violation on the VWP with the two long overstay .... your chances, sorry to say is Zero. With your past two violations no amount of reasoning, even if its a valid one like transiting will the IO at the POE could let you stay and transit. Applying on ESTA will probably result on a negative outcome anyway.

Your ban starts on the day you left the country, of which if I am not mistaken according to your post is 2011. I'm sure there are other routes from El Salvador to Australia. So why are you trying to make this route? No need to take the difficult route if all you wanted to do is to go back home to Australia.

[Ban Hammer 13,346]

duplicate threads merged

[freefall 0]

Thanks . I have decided to travel to Canada and then to Australia. The flight is not as expensive as I thought it would be.

I have enough on my plate right now to deal with US Immigration. Is there a way I could find out about my Ban? after 10 years ..lets say go to the US Embassy in Australia in 2021 and see if I'm clear ?