General suggestions

[CeciliaEW 0]

Hi, I am looking for some guidance, as I can't get any help from the American embassy in my country. I was in the states on a student visa in 2002, but overstayed my visa and went back home in 2007. I tried to go back to the states in 2015 on an ESTA visa, but got denied entry. I'm part of an American company now and would like to go visit for a conference, but can I try again on an ESTA visa, or do I need to apply for a B1 visa? It's been 6 years since I tried in 2015 and I heard about a 10 year ban, but does it count from 2007 or 2015? How can I find out and any advice please?

[Crazy Cat 41,183]

If you previously overstayed, your ESTA is gone forever.  You will have to apply for a B2. 

Edited September 13, 2021 by Crazy Cat

[CeciliaEW 0]

Thank you for your input. I have heard about the 10 year ban?

[Crazy Cat 41,183]

45 minutes ago, CeciliaEW said:

Thank you for your input. I have heard about the 10 year ban?

If you overstayed a year or more, then you also received a 10 year ban as soon as you left the US in 2007.   That ban would have still been in effect in 2015.

[CeciliaEW 0]

When I left in 2007 they didn't say anything about a ban. It was in 2015 I got refused entering. I just heard from other people about the ban. 

[Crazy Cat 41,183]

Just now, CeciliaEW said:

When I left in 2007 they didn't say anything about a ban. It was in 2015 I got refused entering. I just heard from other people about the ban. 

No one processes through immigration when leaving the US.  That's why "they" didn't say anything about it. If you overstayed for a year or more, you automatically received the 10 year ban.  As I said, that ban would have been in force in 2015.  

What did they say when you tried to enter in 2015?

[CeciliaEW 0]

Well, just after a lot of questioning, fingerprinted, pictures taken and after they search all my things. Got treated like I was the worst criminal or terrorist. They suspected that I was going to work illegally even though I were just visiting. So I got a stamp in my passport saying denied entry, and I were escorted to a plain back home.

[Crazy Cat 41,183]

14 minutes ago, CeciliaEW said:

Well, just after a lot of questioning, fingerprinted, pictures taken and after they search all my things. Got treated like I was the worst criminal or terrorist. They suspected that I was going to work illegally even though I were just visiting. So I got a stamp in my passport saying denied entry, and I were escorted to a plain back home.

I see.  Well, the ONLY thing you can do is to apply for a B2......but I think the chances are very low.  Unfortunately, you have a very negative history in the system..  You abused the VWP, and attempted to enter the US with an existing ban.  I hope you can visit again in the future.

Edited September 13, 2021 by Crazy Cat

[Unlockable 7,314]

@Crazy Cat is correct. You have a 10 year ban if you overstayed more than a year. Nobody has to officially "tell you" about the ban when you leave the US. That is why you found out you could not enter when you tried to in 2015. If the ban was from 2007 then it ended in 2017, which means you were still under a ban in 2015 when you tried to enter the US. 

 

Your ESTA is gone. You can try for a B2. But be warned that those who have had their ESTA or B2 visas revoked for overstays have a hard time getting new B2s. 

7 minutes ago, CeciliaEW said:

 Got treated like I was the worst criminal or terrorist. They suspected that I was going to work illegally even though I were just visiting

I'm sorry you experienced this but you have to put yourself in the shoes of the officer that is foing their job. They saw you broke the law so how are you able to convince them you were only visiting when you stayed for so long before. And if you are not a risk for working, how did you survive for so long when you overstayed before (the assumption is that you worked illegally during your overstay).

 

It is not anything against you personally. They just respond to your actions accordingly. 

 

This is just something for you to keep in mind about how "they" deal with situations like this. 

[CeciliaEW 0]

5 minutes ago, Crazy Cat said:

I see.  Well, the ONLY thing you can do is to apply for a B2......but I think the chances are very low.  You have a very negative history.  You abused the VWP, and attempted to enter the US with an existing ban.  

Thank you for your input. I didn't know about the ban until afterwards, but I guess I found out the hard way. 

[CeciliaEW 0]

4 minutes ago, Unlockable said:

@Crazy Cat is correct. You have a 10 year ban if you overstayed more than a year. Nobody has to officially "tell you" about the ban when you leave the US. That is why you found out you could not enter when you tried to in 2015. If the ban was from 2007 then it ended in 2017, which means you were still under a ban in 2015 when you tried to enter the US. 

 

Your ESTA is gone. You can try for a B2. But be warned that those who have had their ESTA or B2 visas revoked for overstays have a hard time getting new B2s. 

I'm sorry you experienced this but you have to put yourself in the shoes of the officer that is foing their job. They saw you broke the law so how are you able to convince them you were only visiting when you stayed for so long before. And if you are not a risk for working, how did you survive for so long when you overstayed before (the assumption is that you worked illegally during your overstay).

 

It is not anything against you personally. They just respond to your actions accordingly. 

 

This is just something for you to keep in mind about how "they" deal with situations like this. 

Yes, thank you. I guess I found out the hard way. 

[Boiler 44,855]

Student so probably D/S do probably not a ban.

 

Not sure that makes much difference in getting a non immigrant visa.

[CeciliaEW 0]

Thank you. I did however just today apply for a ESTA visa, but it was not approved. I guess a B1/B2 visa is what I will try to get. 

[Just Paul 4,594]

10 minutes ago, CeciliaEW said:

I did however just today apply for a ESTA visa, but it was not approved.

Of course it was not approved.  Once you overstay you can not get ESTA back regardless of a ban.  Others said that.  Your only option is a B1/B2.  Take proof of the conference, and that it is job related, and maybe they will look at it.  They are not required to look at anything you bring in.

 

How long was the overstay? Were you deportred? If it was over a year it could be a lifetime bar.

Edited September 13, 2021 by Paul & Mary

[CeciliaEW 0]

Yes, I overstayed more than 1 year and no I didn't get deported. I would off course bring tickets to the convention and the business is online, so I can prove that too.