Overstay less 180 days vwp

[Burgersforme 0]

If someone stayed total 169 days of a vwp 90 days visa you do not have a time bar triggered. Does that mean with a new passport you can enter usa again with vwp as you haven't got a time bar triggered?

[EM_Vandaveer 2,387]

No, because of the overstay they are not eligible to use VWP anymore. If they have a new passport they need to apply for a new ESTA and it will be denied due to the overstay. They would need a tourist visa, which would be hard to get due to the previous overstay.

Edited June 21, 2016 by EM_Vandaveer

[Mollie09 1,543]

Also, bans and visas have nothing to do with passports - they're associated with the bearer via biometrics/name/identifying information, not passport number.

[EM_Vandaveer 2,387]

Also, bans and visas have nothing to do with passports - they're associated with the bearer via biometrics/name/identifying information, not passport number.

Good point. Obviously getting a new passport does not "erase" the overstay.

[Burgersforme 0]

But we have to get new passports due to new last name because we got married. So why can't I get a new vwp with new surname and passport? I don't have a time bar ban on me.

[canadian_wife 1,808]

You do not have a ban

However, you cannot use the VWP. It has nothing to do with your passport. It has to do with YOU. YOU overstayed, not your passport. When you renew a passport, all travels on previous passports are linked to the new one for this exact reason. A new passport does not nor cannot erase an overstay.

We all agree, you do not have a ban. BUT you also cannot use the VWP due to the overstay.

good luck

[Mollie09 1,543]

Because an overstay is a violation of the terms of your ESTA, and your punishment is that you can no longer use it and have to get a tourist visa instead.
You are still the same person, last name and passport number notwithstanding. No ban does not equal no violation.

[Burgersforme 0]

Nog entirely correct. I've a new surname and my country gives new passport numbers so my passport number is not the same for each passport. I would like to hope that makes me able to go on vwp. I've a very heartfelt reason for overstay but I know the usa doesn't care. Don't know if a doctors paper may help (from psychiatrist due to miscarriages)

[canadian_wife 1,808]

Please see my post, the previous passports and travels are linked for this exact reason. They'll know - if you attempt to lie, this can trigger a bar to the United States.

I am sorry for your reason for overstay. Out of curiosity, did you pay your medical bills while in the U.S.?

Good luck

[Burgersforme 0]

Yes the little bills I had.. stayed the longest I could. We planned to file for aos but health forced me to go back.

How can the passports be linked when I've a new name now and new passport? The only thing I can think of them knowing it's me is my biometrics (fingerprints at poe).

[canadian_wife 1,808]

Computers are wonderful things. Each time you travel (enter or exit a county) your passport is scanned. Each scan is logged and tied to YOU and recorded. So each time you travel, they can see where you were based on your scanned passport. When you get a new passport, those logs are transferred from one passport to another.

Make sense?

[Merrytooth 5,748]

Nog entirely correct. I've a new surname and my country gives new passport numbers so my passport number is not the same for each passport. I would like to hope that makes me able to go on vwp. I've a very heartfelt reason for overstay but I know the usa doesn't care. Don't know if a doctors paper may help (from psychiatrist due to miscarriages)

You can change passport, names ..etc

But your fingerprints never change, so that's how US port of entry verifies your identity or check against other entries in the database.

[Merrytooth 5,748]

Yes the little bills I had.. stayed the longest I could. We planned to file for aos but health forced me to go back.

How can the passports be linked when I've a new name now and new passport? The only thing I can think of them knowing it's me is my biometrics (fingerprints at poe).

Forget to add that, you must list whatever names you have used before in the immigration forms, so you can't lie about it.

[Burgersforme 0]

Computers are wonderful things. Each time you travel (enter or exit a county) your passport is scanned. Each scan is logged and tied to YOU and recorded. So each time you travel, they can see where you were based on your scanned passport. When you get a new passport, those logs are transferred from one passport to another.

Make sense?

not quite when I get my new passport or are you talking about my fingerprints?

[EM_Vandaveer 2,387]

You do realize that with a new passport you have to get a new ESTA, right? There is a question there have you ever overstayed in the US. Do you plan to lie? I hope not. And when you answer truthfully, your ESTA will be denied.

not quite when I get my new passport or are you talking about my fingerprints?

Does your date of birth change, too? Do you really think that the systems don't recognize both passports as belonging to the same person?