Overstayed Visa

[Dennis117 1]

Hello everyone. 

I'm from Germany first of all. And last year I booked a flight to the USA on October 3rd. My scheduled flight back was on 31st December. 

But i overstayed my visa until the 23rd of June. 

 

It is very important that I get one more chance to fly to the USA. I have relatives there and one is really sick...just a 2 week trip would be fine. 

My ESTA status still says I'm eligible and approved, but my mother once overstayed and they held her at the german airport the next time she wanted to fly. She did some things in the consulate and was allowed to travel not long after. 

Im questioning what do I have to do to be able to fly again. She can't explain because a friend did all the paperwork for her. But I don't want to book tickets and then get stopped by border patrol. 

What do I have to do? I mean how can I check if they let me through or not? My mother told me she had to pay 100$ to the consulate and they let her fly again. 

I just want to know what's coming toward me before I just book a flight.

 

Thanks in advance and sorry for the long post. 

Dennis

[JFH 12,191]

Your ESTA status still says "eligible" because you haven't updated it. The terms and conditions state that if any of your answers to the questions have changed, you must go online and amend it. One if the questions is "have you ever overstayed?" Since the answer is now "yes" you must say so and then the VWP privilege will be removed from you. Forever. You will now have to apply for a B-1/B-2 but with a recent long overstay (you stayed 9 months - you will also come under the radar for the IRS now) I don't fancy your chances of approval much. You have already shown that you can't follow the rules so why should they extend another privilege to you? 

 

 

 

 

[geowrian 22,338]

Your ESTA is no longer valid, and you are now ineligible for ESTA ever again. Sorry, but any overstay (even 1 day) results in this. This is not a discretionary item, sorry....

 

You must now obtain a tourist visa to visit the US. This is pretty difficult in a VWP country with a recent overstay, but not completely impossible. The only way to know is to apply.

Luckily you left before 180 days of overstay...that has a mandatory 3 year bar on any visa.

 

1 hour ago, Dennis117 said:

What do I have to do? I mean how can I check if they let me through or not? My mother told me she had to pay 100$ to the consulate and they let her fly again. 

Apply for a tourist visa.

There's no way to check if you will actually be admitted or not, but you can update your ESTA status and see that it is no longer valid. Violating the VWP's terms makes traveling on an ESTA no longer possible.

She might have applied for a tourist visa? The current fee is $160.

 

A good read: https://www.nolo.com/legal-encyclopedia/i-overstayed-week-can-i-return-the-us-the-visa-waiver-program.html

Edited November 24, 2017 by geowrian

[mindthegap 2,599]

I recommend that you build a time machine, perhaps enlisting the help of a local wild eyed scientist/ crackpot inventor.

A DeLorean -  preferably with hover conversion - should work very well, just please watch out for lightning strikes.

 

Then, travel back in time, leave the US on time and don't overstay without being fully aware of the future consequences for you.

 

Of course this has the unfortunate downside that it has the potential to create a paradox the result of which could cause a chain reaction that would unravel the very fabric of the space time continuum and destroy the entire universe!

Granted, that's a worst-case scenario. The destruction might in fact be very localised, limited to merely our own galaxy.

 

Bon chance.

Edited November 24, 2017 by mindthegap

[TearsOfBabylon 1,680]

Hey Dennis!

Agreeing with all others before: You're ineligible for ESTA and you will have to apply for a tourist visa.
Even if you would try to travel and hope they'll let you in with the unupdated ESTA - don't even think about it. They'll see your overstay.

Maybe you get lucky getting a B2, but I honestly doubt it. You've knowingly been illegal in the country for such a long time... so I'm afraid you'll have to deal with the consequences.

Good Luck!
 

[gregcrs2 1,778]

Wow...almost 6 months overstay.  Guess that plan seemed good at the time but now you will have to pay the piper.  Seems the apple does not fall far from the tree.  What do you need to do?  You need to comply with the rules!!!!

[Boiler 45,872]

Apply for a B2, seems you do not have a ban.

 

You are not even eligible to apply using ESTA, that is gone for ever.

[SusieQQQ 11,587]

Curious, what were you doing for the period of the overstay? Were you working illegally as well? Long time to be on vacation.

Edited November 24, 2017 by SusieQQQ

[Hypnos 6,578]

I concur with the above. 

 

It will be several years before you are likely to be granted any kind of US visa. 

[Auds 223]

Unless of course you had an emergency when you overstayed - were terribly ill - unable to travel - hospitalized/coma or so - you may be given a B2.

[milimelo 4,535]

You may get a chance to visit again but not any time soon. Maybe couple years down the road but definitely not in the near future. 

 

You can facetime/skype with the sick relative if being in touch is important. 

[kris&me 572]

what did I 94 say?   you tell when you planned to return but what was the date you needed to actually leave US

over 180 days overstay or under?    makes a difference

[JFH 12,191]

5 hours ago, kris&me said:

what did I 94 say?   you tell when you planned to return but what was the date you needed to actually leave US

over 180 days overstay or under?    makes a difference

His I-94 would have said December 31 as he arrived on the VWP on October 3 so he would have had 90 days. So he was planning to stay the full 90 days - unusual. 

 

He left on June 23 so was just under the 180 days that would have got him a ban. Being approved for a B-2 is another matter.