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Burgersforme

Overstay less 180 days vwp

By Burgersforme in Tourist Visas

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EM_Vandaveer
EM_Vandaveer

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

canadian_wife
canadian_wife

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

MacUK
MacUK

You will never be able to use VWP again. I'm on my second new passport since I screwed up my own VWP privileges, I'm still ineligible. When your ESTA application asks if you've ever violated a US vi

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

THis is 2016 and people STILL think you can get a new passport and suddenly you have new information and the US wont know about your prior visits?? ARE YOU KIDDING ME??? YES! they know EVERY time you crossed and you can get a new passport, a different passport, say you lost your passport and even use a different country (if you are a dual citizen) passport and ALL the records will be there!!!!!!!! and they ask for EVERY name..sheeshhhh!!!! if it was that easy to get a new passport dont you think everyone would do that/?? i have to shake my head at some people:/

if you got married and you overstayed you should not have left.. you did and when u left you triggered an overstay bar.. you should ahve AOS while you were in america. the US does not care what reason you have to leave is.

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

It is purely up to the CBP officers what they want to do with you, it will be tougher if you are flying in from other countries outside NA.

I know friends and family who have stayed successfully for over a year and other times 6-9 months without any issues, they never got a bar and been able to travel without a visa.

yes, canadians are different and we also were not tracked pre-2012 and they didnt track our entries and exits by land.. but since 2014 almost every entry and exit is tracked from cnada! i know so many friends that are getting stuck in canada bc they arent able to travel freely like they used to! so yeah, teh people you knew probably had no issues in the past but im not sure about the past year.

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NinjaMax Enthusiast

NinjaMax   14

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

yes, canadians are different and we also were not tracked pre-2012 and they didnt track our entries and exits by land.. but since 2014 almost every entry and exit is tracked from cnada! i know so many friends that are getting stuck in canada bc they arent able to travel freely like they used to! so yeah, teh people you knew probably had no issues in the past but im not sure about the past year.

im talking about the past year and recent, land borders do a terrible job at tracking. it mostly comes down to luck and the mood of the CBP officer. Alot of people just end up getting a slap on the wrist for being ignorant.

K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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NinjaMax Enthusiast

NinjaMax   14

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

THis is 2016 and people STILL think you can get a new passport and suddenly you have new information and the US wont know about your prior visits?? ARE YOU KIDDING ME??? YES! they know EVERY time you crossed and you can get a new passport, a different passport, say you lost your passport and even use a different country (if you are a dual citizen) passport and ALL the records will be there!!!!!!!! and they ask for EVERY name..sheeshhhh!!!! if it was that easy to get a new passport dont you think everyone would do that/?? i have to shake my head at some people:/

if you got married and you overstayed you should not have left.. you did and when u left you triggered an overstay bar.. you should ahve AOS while you were in america. the US does not care what reason you have to leave is.

I had an error on my previous passport which was corrected and I received a new passport number, when I went through the border they had no information about my past.

K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

im talking about the past year and recent, land borders do a terrible job at tracking. it mostly comes down to luck and the mood of the CBP officer. Alot of people just end up getting a slap on the wrist for being ignorant.

i lived on a border town and i checked my mothers i94 and they cross about 2 x a month and every time they crossed it was on her electronic i94 for the past year (before that nothing) and all her trips obviously by plane are there.. i think it is luck but most people dont get a slap on the wrist lol lots tho get to voluntarily withdraw their application so yeah, i dont know many people that got a 3 or 10 year ban but i know lots that didnt get through.. but i looked at my i94 record and i crossed a bunch and nothing came up untli 2013! that was my first entry that was tracked.. but yeah, they do miss some and sometimes you can get lucky if you stay in the US for 9 months, go home and come back a week later..but 5 years ago i would say that you had much better luck haha

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Pinkrlion Mentor

Pinkrlion   2,672

Posted
Filed: Country: Jamaica
 Timeline
Posted

It is clear and obvious, OP wants to return on VWP with intent to stay and immigrate. She needs to finalize things at home and return. If she is willing to lie due to a new passport, she could care less about immigration fraud.

Phase I - IV - Completed the Immigration Journey 

 

 

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Cathi Veteran

Cathi   5,694

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

I had an error on my previous passport which was corrected and I received a new passport number, when I went through the border they had no information about my past.

you are giving the OP false hope. Canada is not Denmark(where the OP is from). The truth of the matter is the OP can never EVER use the VWP again. NEVER. Period. End of story.


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NinjaMax Enthusiast

NinjaMax   14

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

you are giving the OP false hope. Canada is not Denmark(where the OP is from). The truth of the matter is the OP can never EVER use the VWP again. NEVER. Period. End of story.

Im not giving OP false hope, im replying to someone elses comment.

K-1 Timeline

09/15/14 - Mailed I-129F
09/25/14 - NOA1 Text Message
05/04/15 - NOA2 Text message - Approved
09/15/15 - Interview Montreal [221(g) given for missing ORIGINAL Birth Certificate]
09/15/15 - Ceac Status shows Admin Processing for Sept 15th
11/13/15 - Sent missing document via Loomis to Montreal
11/16/15 - Loomis Tracking shows delivered
11/19/15 - Ceac Status shows Admin Processing for Nov 19th
11/21/15 - Ceac Status shows READY for Nov 21st [Case Creation Date updated to Nov 21st]
11/25/15 - Ceac Status shows Admin Processing for Nov 25th
11/30/15 - VISA Issued !!!!!
12/07/15 - VISA in hand

AOS Timeline

03/26/16 - Mailed AOS Package
04/03/16 - USCIS Received
05/04/16 - Biometrics Done
05/07/16 - RFE Received (I-864 Joint Sponsor Documentation)
06/28/16 - EAD/AP Approved

07/11/16 - GREEN CARD APPROVED!!! / No Interview :dance:
07/13/16 - 2 Year Conditional Green Card arrived in mail

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

you are giving the OP false hope. Canada is not Denmark(where the OP is from). The truth of the matter is the OP can never EVER use the VWP again. NEVER. Period. End of story.

THANK YOU! exactly!! the OP is trying to figure out a way around his overstay.. their is no way around it! if you get married you can apply for a waiver

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EM_Vandaveer Experienced

EM_Vandaveer   2,387

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Errr no.

Look at the eligibility requirements for VWP.

He does not meet them. No eligibility = no ESTA.

Anybody from a VWP country can fill out an ESTA application. That does not mean they'll get the ESTA. We agree on that point. He's not getting an ESTA.

THANK YOU! exactly!! the OP is trying to figure out a way around his overstay.. their is no way around it! if you get married you can apply for a waiver

No waiver needed assuming he does not lie. He does not have a ban. Waivers are for bans.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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TBoneTX Grand Master

TBoneTX   44,658

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The OP has gotten the correct information multiple times, and this thread is becoming heated, so it's now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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