Overstay on VWP, now unable to obtain ESTA (split topic)

[Alex Ve 5]

A friend I have went through the same thing, he came to the US 2 years ago on ESTA and he overstayed 2 weeks longer, but he didn't get caught or deported in the airport.

He left with no problems. But when he tried to apply again for ESTA a couple of months ago, the system refused to issue him a visa.

Is he banned for life for an ESTA visa from now on? And if not, when is the ban lifted?

Are the other types of visas still available to him or will he face any trouble upon his previous tourist overstay?

Thank you.

Edited January 16, 2016 by Alex Ve

[JFH 12,190]

He shouldn't have even applied for an ESTA if he overstayed on the VWP previously. He will need to apply for a B-2 visa if he wants to enter as a tourist again. He won't ever be able to use the ESTA again.

[Alex Ve 5]

He shouldn't have even applied for an ESTA if he overstayed on the VWP previously. He will need to apply for a B-2 visa if he wants to enter as a tourist again. He won't ever be able to use the ESTA again.

What difference B-2 has to ESTA?

Is he going to have problems with other types of visa? Like marriage or employment visa?

[JFH 12,190]

Is he considering marriage or employment? Employment visas are very difficult to get at the best of times. America has enough citizens out of work looking for jobs that foreign labour is seldom required.

Why is he so desperate to get into the United States? Incidentally, a CO at a B-2 interview can smell desperation from a mile away.

Edited January 16, 2016 by JFH

[Boiler 45,558]

What difference B-2 has to ESTA?

Is he going to have problems with other types of visa? Like marriage or employment visa?

ESTA is a pre qualification to use the VWP.

Probably not.

[Alex Ve 5]

Well he is desperate cause he doesn't earn much where he lives in Greece and he is considering whatever option is easier to get a visa.

Marriage probably is an easier option for him.

Thank you for your input I'll inform him about.

[Ryan H 3,812]

Posts split from old thread; please start your own thread with your own questions instead of hijacking threads started by other members.

[aaron2020 11,651]

A friend I have went through the same thing, he came to the US 2 years ago on ESTA and he overstayed 2 weeks longer, but he didn't get caught or deported in the airport. Most people who overstay don't get caught or deported at the airport. Not getting caught and not getting deported doesn't mean there is no problem.

He left with no problems. You are wrong about this. There was a problem. You and your friend are just unaware of it. When your friend overstayed his VWP by two weeks, he had a problem . . . not being able to use ESTA and the VWP again. And that is exactly what happened. But when he tried to apply again for ESTA a couple of months ago, the system refused to issue him a visa. ESTA is for the Visa Waiver Program. One does not get a visa with ESTA.

Is he banned for life for an ESTA visa from now on? No. And if not, when is the ban lifted? No one seems to know.

Are the other types of visas still available to him or will he face any trouble upon his previous tourist overstay? Depends on which visa. Visitor visa - maybe. Family based immigration visa - no problem.

Thank you.

[Alex Ve 5]

Posts split from old thread; please start your own thread with your own questions instead of hijacking threads started by other members.

Um, "hijacking"?? Seriously?

I thought the no. one rule in forums was "don't start a new thread if an old one exists already".

I just posted in this old thread cause my question was similar to the OP. Didn't know that was considered "hijacking".

Edited January 17, 2016 by Alex Ve

[TBoneTX 45,329]

Sometimes older threads contain stale or irrelevant information, which is why newer posts are split and the older threads are locked. Even more often, new posters will respond to the early posts in the thread, often to members who haven't logged on to the site in months or years. That's why.

Edited January 17, 2016 by TBoneTX

[Mike-eeh and Odie 193]

Well he is desperate cause he doesn't earn much where he lives in Greece and he is considering whatever option is easier to get a visa.

Marriage probably is an easier option for him.

Thank you for your input I'll inform him about.

FYI, using a tourist visa or ESTA to live and work in the USA is visa fraud.

Similarly, if one marries just for a green card, it can be considered marriage fraud if it can be proven as such.

[MacUK 983]

Is he banned for life for an ESTA visa from now on? No. And if not, when is the ban lifted? No one seems to know.

As far as I'm aware overstaying on VWP does mean you'll never be able to use it again. If there is a timeframe for not being able to get an approved ESTA then I'd love to know about it.

[Darnell 8,478]

Well he is desperate cause he doesn't earn much where he lives in Greece and he is considering whatever option is easier to get a visa.

Marriage probably is an easier option for him.

Thank you for your input I'll inform him about.

does he live in a recent financial immigrant zone? Instead, can he move to where

1] there is money for wages and

2] there are no financial immigrants?

I ask, because since he holds a Grecian Passport, he can move about the EU easily. Is he Catholic or Greek Orthodox? If Catholic, he can have a solid life in the Czech Republic.

[Alex Ve 5]

Sometimes older threads contain stale or irrelevant information, which is why newer posts are split and the older threads are locked. Even more often, new posters will respond to the early posts in the thread, often to members who haven't logged on to the site in months or years. That's why.

Thanks for your clear explanation. This is what the mod should have written in the first place.

FYI, using a tourist visa or ESTA to live and work in the USA is visa fraud.

Similarly, if one marries just for a green card, it can be considered marriage fraud if it can be proven as such.

I know it is a fraud. I was talking about a genuine marriage option.

does he live in a recent financial immigrant zone? Instead, can he move to where

1] there is money for wages and

2] there are no financial immigrants?

I ask, because since he holds a Grecian Passport, he can move about the EU easily. Is he Catholic or Greek Orthodox? If Catholic, he can have a solid life in the Czech Republic.

^^ I don't understand the bold parts.

He is orthodox. Yeah, moving in EU is so much easier and better than US. For me at least. It's just that me and my friend don't have any relatives or friends in EU plus any language other than english can pose a problem in finding a good paying work.

[Boiler 45,558]

Eharmony have a free weekend coming up.

As far as I'm aware overstaying on VWP does mean you'll never be able to use it again. If there is a timeframe for not being able to get an approved ESTA then I'd love to know about it.

You would have to be reincarnated to use it.