ESTA revoked - what options does my friend have?

[thrashunreal 20]

Hey,

 

A friend of mine has a boyfriend in California, while she is based in London. They have been going back and forth the past three years visiting in respective countries, with my friend from London using her ESTA to travel.

I just learned that on her last visit here, her boyfriend accidentally booked her flight home a week after the 90 day period, so she overstayed by a week. She was slightly worried at the time, but stayed the additional week before returning home.

 

This past week, she came out to visit him once more, with a return flight booked for a month away. She flew into LA and was detained, questioned, and sent back home with her ESTA revoked. 

 

What options does she have at this point, to be able to continue visiting the states and seeing her partner? It was an unfortunate mistake and oversight.

Edited April 10, 2019 by thrashunreal

[aaron2020 11,651]

Her only choice to visit is to apply for a tourist visa.  

 

Your friend severely misjudged the consequences of violating the terms of admission.  Should have changed the return flight when they found out instead of willfully staying and purposely violating US immigration laws.  

[thrashunreal 20]

3 minutes ago, aaron2020 said:

Her only choice to visit is to apply for a tourist visa.  

 

Your friend severely misjudged the consequences of violating the terms of admission.  Should have changed the return flight when they found out instead of willfully staying and purposely violating US immigration laws.  

Right, I feel like she has already realized this, but thank you for the sanctimony.

 

More curious if they will be able to apply for K1 or spouse visa.

[Boiler 45,922]

With a recently VWP ban, wonder how she even got on the plane, a B2 is highly unlikely so looks like he will be the one doing the visiting.

 

Should have no impact on any immigration options.

[Ontarkie 14,383]

~~Moved to Tourist Visas, from Off Topic ~~

[SusieQQQ 11,587]

37 minutes ago, thrashunreal said:

Right, I feel like she has already realized this, but thank you for the sanctimony.

 

More curious if they will be able to apply for K1 or spouse visa.

I didn’t read it as sanctimonious, though obviously hindsight is 20:20, and perhaps they should have researched it first...so this comment /thread may also be useful to anyone in the situation in future researching consequences. 

 

No impact on k1 or spouse visa. She can apply for a b visa but i agree above, especially with overstay being with a boyfriend that she’s thinking of marrying, it’s unlikely to be granted.

[WeGuyGal 1,052]

Deadlines are deadlines, with impact. 

[yuna628 9,697]

1 hour ago, thrashunreal said:

Hey,

 

A friend of mine has a boyfriend in California, while she is based in London. They have been going back and forth the past three years visiting in respective countries, with my friend from London using her ESTA to travel.

I just learned that on her last visit here, her boyfriend accidentally booked her flight home a week after the 90 day period, so she overstayed by a week. She was slightly worried at the time, but stayed the additional week before returning home.

 

This past week, she came out to visit him once more, with a return flight booked for a month away. She flew into LA and was detained, questioned, and sent back home with her ESTA revoked. 

 

What options does she have at this point, to be able to continue visiting the states and seeing her partner? It was an unfortunate mistake and oversight.

To continue seeing her partner? Well the partner can come to her, is one option. To visit the states though? With a B visa typically, however it is not a sure thing that she would even get one, especially considering she overstayed and such a visa isn't something she's likely to get with a partner stateside.

 

It will have no impact on a K1 or spousal visa however, if the plan is for them to eventually marry and reside together in the US. The couple should weigh their options and what they want to do with their relationship carefully, and go from there.

[ElDiablo 95]

She is now permanently ineligible to use the VWP/ESTA for life. Her only option to visit is a B2 visa. Due to her recent actions she will most likely be denied the visa and will not be visiting the US any time soon. Time to start the immigrant visa process if she wants to live in the US.

[JFH 12,191]

You’d think that after three years of back and forth that they would know that the VWP allows 90 days and not a second more, let alone a whole week more. This was hardly their first rodeo. People have had it revoked for being an hour over because the flight left after midnight. 

 

Her only option to visit is a B-2. Her VWP days are over for life. Getting a B-2 is going to be a tough one though since her ties to home are obviously very weak if she can leave for 97 days without the need to return for work, she has a love interest in the US and a recent overstay. 

 

The good news is the USCs can visit the UK for 6 months without need of a visa (assuming they meet the standard eligibility criteria). So if he books a 97-day ticket to the UK there’s no fear of overstay.

[Boiler 45,922]

Who knows they whys etc, OP is asking for a friend and no doubt there is a lot more to this story.

[thatguyuknow 147]

On 4/10/2019 at 12:11 PM, thrashunreal said:

Right, I feel like she has already realized this, but thank you for the sanctimony.

 

Offended on your friends behalf. Tf

Edited April 11, 2019 by thatguyuknow