Visa Waiver program

[Paul.L. 0]

On my recent visit to the USA I overstayed my Visa by 3 days. I booked my flight from the 29 march ( Arrival) to the 29 June (Depart)

Initially I thought I could stay 3 months as it said on the front page of the application website, I didn't do my home work properly, I had a 90 visa and by the time I was made aware of this by a friend, I couldn't adjust my departure time due to the expense.

Even though I left of my own accord on the flight I had booked does this mean I am no longer eligible to use the Visa Waiver Program?

I am an Aussie and would love to come back to the USA in the near future(i.e. the next 6-12 months)with out the hassle of applying for a different visa.

Edited July 2, 2012 by Paul.L.

[Boiler 46,125]

You will need a B2.

[Paul.L. 0]

So thats it? My over stay was not intentional, is there no leeway? Is there no course for me to take so I dont have to apply for a b2?

[Penguin_ie 5,996]

You could have adjusted the departure date, it would just have been expensive.

If you are willing to wait several years, you MAY get approved for ESTA again, but if you want to come back within the next 5 ish years, a B2 it is. On the plus side, you have a reasonable chance to get approved if you can show you have the finances to not work in the USA.

[Boiler 46,125]

I would say your VWP days are over.

[Harpa Timsah 13,258]

If you overstay the VWP by even one day, you are no longer eligible to use it ever again. Get a B2.

[GandK 168]

So thats it? My over stay was not intentional, is there no leeway? Is there no course for me to take so I dont have to apply for a b2?

CBP doesn't care if your overstay is intentional or not. Rules are rules. It's like I robbed a bank and tell the police I didn't mean to or I didn't know the laws.

Sorry there is no other way. You simply have broken the "trust" and they take it seriously.

Edited July 7, 2012 by GandK

[JohnR! 5,495]

1341666018[/url]' post='5508780']

So thats it? My over stay was not intentional, is there no leeway? Is there no course for me to take so I dont have to apply for a b2?

Paul, unfortunately that's it. When you fill out the information to obtain your ESTA you agree to have understood the terms under which you have been given permission to enter the US.

With rare exceptions 90 is never the same as 3 months so you did overstay. Having said that IMHO the best course of action is to apply for a B2 visa, at which time you can explain what happened to an officer of the consulate. For all we know they may give you the visa without the need for a waiver. The entire operation should prove less frustrating than flying 14 hours only to be sent back home on the same plane.

Good luck!

[rade2rising 205]

I dont understand why so many ppl try to MAX out the 90days and bcoz of that exact reason they end up overstaying. wouldnt it be much better to stay for 75 days or sumthing??

[jaycali 415]

You'll need a tourist visa (B-2), no leeway, sorry.

That being said, I don't think you'll have too many problems getting the B-2, and the B-2 usually gives you 6 months rather than 90 days.

[Paul.L. 0]

Paul, unfortunately that's it. When you fill out the information to obtain your ESTA you agree to have understood the terms under which you have been given permission to enter the US.

With rare exceptions 90 is never the same as 3 months so you did overstay. Having said that IMHO the best course of action is to apply for a B2 visa, at which time you can explain what happened to an officer of the consulate. For all we know they may give you the visa without the need for a waiver. The entire operation should prove less frustrating than flying 14 hours only to be sent back home on the same plane.

Good luck!

Thank you for your sincere reply, it helps to have a little bit of encouragement and i will be applying for a B1.

Sincerely

Paul.L.

Thank you to all who replied. I appreciate your time and effort.

Sincerely

Paul.L.