Visiting on an ESTA after 5 month overstay

[SalishSea 17,829]

11 hours ago, grapenoodle said:

Not saying it should. No attempt was made on the ESTA, it was only intent. Just wondering if the fact I plan on going for a GC means the B2 will be an automatic no?

Should be, as you have clear immigrant intent, and the B2 is only for visiting.

[grapenoodle 25]

11 minutes ago, Jorgedig said:

Should be, as you have clear immigrant intent, and the B2 is only for visiting.

I’ve done a bit of research and it has actually been known to be granted while an I-130 is pending as long as they believe it’s only for a visit. Only $160 filing fee so it’s worth a try for me!

[Boiler 45,510]

4 minutes ago, grapenoodle said:

I’ve done a bit of research and it has actually been known to be granted while an I-130 is pending as long as they believe it’s only for a visit. Only $160 filing fee so it’s worth a try for me!

The issue is your history, B's have been issued whilst in progress, but none I can remember to somebody with your past.

 

Is it impossible, no.

[SalishSea 17,829]

9 minutes ago, grapenoodle said:

I’ve done a bit of research and it has actually been known to be granted while an I-130 is pending as long as they believe it’s only for a visit. Only $160 filing fee so it’s worth a try for me!

Sure you can try.  Still unlikely to be approved IMHO.

[grapenoodle 25]

3 minutes ago, Boiler said:

The issue is your history, B's have been issued whilst in progress, but none I can remember to somebody with your past.

 

Is it impossible, no.

Of course, keeping low expectations but as we have to go down to London for my son’s passport anyway, I’ll give it a try. If not, I think we’ll do a meet up in Mexico and my husband can just go home for a few days. Thanks for all the help!

[SalishSea 17,829]

10 minutes ago, grapenoodle said:

as long as they believe it’s only for a visit.

Yes, but why would they believe it is only for a visit, when you overstayed your last visit?

[grapenoodle 25]

27 minutes ago, Jorgedig said:

Yes, but why would they believe it is only for a visit, when you overstayed your last visit?

Because it is. We have further travel plans and tickets booked. My son is 2 months old. I know it’s unlikely but it’s the truth so it’s possible. Like I said I have low expectations but not bothered about losing $160 to give it a try. 

[geowrian 22,337]

As already noted, your VWP privileges are forever gone. This occurred automatically on day 1 of the overstay. This isn't a discretionary thing or something that just changes...you are now permanently ineligible under the program's rules.

You can file for a B-2. It's highly unlikely with your past + your current circumstances (also as others noted) and you seem to understand that, but "highly unlikely" is still > 0%. I personally wouldn't bother in this case as it feels like a waste of $160 + possible travel costs + time/effort. But if those items aren't a concern for you, then go for it.

[Cyberfx1024 7,980]

1 hour ago, grapenoodle said:

Because it is. We have further travel plans and tickets booked. My son is 2 months old. I know it’s unlikely but it’s the truth so it’s possible. Like I said I have low expectations but not bothered about losing $160 to give it a try. 

As I said over on Reddit that your Esta is gone. So spending less than $200 on a chance for a tourist visa would be the way to go if you don't plan on immigrating soon. 

 

I thought you already did CRBA for your son and that's why I didn't suggest it yesterday.

[JFH 12,190]

10 hours ago, grapenoodle said:

Because it is. We have further travel plans and tickets booked. My son is 2 months old. I know it’s unlikely but it’s the truth so it’s possible. Like I said I have low expectations but not bothered about losing $160 to give it a try. 

You had tickets booked last time and you overstayed. A booked ticket means nothing to an immigration officer. 

[geowrian 22,337]

Everybody that used an ESTA had a return (or onward) ticket...that's a requirement.

Edited December 25, 2019 by geowrian