Ban over

[Eugenia16 0]

Hi, I am from Italy, I overstayed my esta for 181 days back in 2020, I left the country voluntarily when I could. I have been banned for 3 years. I overstayed due to COVID 19, I was pregnant and  I was scared to traveling. I would like to understand what are my chances to come back in the USA as tourist after the ban will be over, if they will consider the reasons why I overstayed. 

Could I ask for a forgiveness ? 

[Ontarkie 14,325]

~~MOved to Tourist Visas, from Off Topic- As the question is about visiting.~~

[Timona 4,208]

You'll have to apply for visitor visa now 

[Rocio0010 5,580]

You're at their discretion. Most likely their thinking is going to be "Well, we gave her a chance and she overstayed, why wouldn't she overstay now?". I guess if you don't mind spending some $$, you can always try.

[Eugenia16 0]

Thanks for your answers.

I know I cannot apply anymore for Esta. But I am trying to understand how hard it will be for me one day to visit again the 

 US. I work as midwife in Italy, I am a owner of a commercial activity, I have strong ties to my country, this is something they will consider ? Did they will take in consideration that I have left the country voluntarily ? that I overstayed due the pandemic ? That I could have let born my child in the US but I didn't? Or  instead that's it ...? I will never be able to come back in America !? 😔😭

Edited April 12, 2022 by Eugenia16

[Boiler 45,804]

Technically you could apply now, I would wait until you can show really strong ties, do not rush.

[Eugenia16 0]

8 minutes ago, Boiler said:

Technically you could apply now, I would wait until you can show really strong ties, do not rush.

Do u mean apply for Esta? I have been banned until 2023. I know I cannot do anything before this. I am just afraid  that after they will refuse to issue the tourist visa due my previous violation. Also I don't want apply straight after the ban will be over, it looks suspicious , They could think " why she wants go back so early?"  I just would like to understand if they will take in consideration the reasons of my overstaying.. and if in some way they will forgive me 🤔😅

 

Edited April 12, 2022 by Eugenia16

[Eugenia16 0]

27 minutes ago, Rocio0010 said:

You're at their discretion. Most likely their thinking is going to be "Well, we gave her a chance and she overstayed, why wouldn't she overstay now?". I guess if you don't mind spending some $$, you can always try.

Why should I spend some money? Do u mean for apply for a tourist visa?

[Chancy 6,243]

Just now, Eugenia16 said:

Why should I spend some money? Do u mean for apply for a tourist visa?

 

$160 for B visa application.

 

[Boiler 45,804]

27 minutes ago, Eugenia16 said:

Do u mean apply for Esta? I have been banned until 2023. I know I cannot do anything before this. I am just afraid  that after they will refuse to issue the tourist visa due my previous violation. Also I don't want apply straight after the ban will be over, it looks suspicious , They could think " why she wants go back so early?"  I just would like to understand if they will take in consideration the reasons of my overstaying.. and if in some way they will forgive me 🤔😅

 

Your VWP days are over you do not qualify

 

You need a B and there is a waiver but nothing to suggest you are likely to be granted one

 

I would leave it as long as possible you spent 9 months in the US and plenty of other places to visit

[Rocio0010 5,580]

43 minutes ago, Eugenia16 said:

Why should I spend some money? Do u mean for apply for a tourist visa?

I mean, if you have $$ to waste, go ahead. Your chances are low imho.

[SalishSea 17,990]

3 hours ago, Eugenia16 said:

Do u mean apply for Esta? I have been banned until 2023. I know I cannot do anything before this. I am just afraid  that after they will refuse to issue the tourist visa due my previous violation. Also I don't want apply straight after the ban will be over, it looks suspicious , They could think " why she wants go back so early?"  I just would like to understand if they will take in consideration the reasons of my overstaying.. and if in some way they will forgive me 🤔😅

 

You overstayed the ESTA.  You won't be getting another.

 

They don't care *why* someone overstayed.  Bans are bans.

[Rocio0010 5,580]

You could have flown to Italy as an Italian citizen. Or go to Mexico and avoid overstay

[mushroomspore 3,044]

4 hours ago, Eugenia16 said:

Thanks for your answers.

I know I cannot apply anymore for Esta. But I am trying to understand how hard it will be for me one day to visit again the 

 US. I work as midwife in Italy, I am a owner of a commercial activity, I have strong ties to my country, this is something they will consider ? Did they will take in consideration that I have left the country voluntarily ? that I overstayed due the pandemic ? That I could have let born my child in the US but I didn't? Or  instead that's it ...? I will never be able to come back in America !? 😔😭

Unfortunately the law doesn't work like that. They don't care about your reasons and for the sake of equality, they have to treat everyone the same. Otherwise, everyone would argue that their justifications matter. Covid was certainly scary back in 2020 but even at the height of it, people were traveling to get back to their home countries as governments cannot disallow their own citizens from returning home. It may have been an intense experience but you had the option of going back to Italy at any point.

[Cathi 5,775]

6 hours ago, Eugenia16 said:

Hi, I am from Italy, I overstayed my esta for 181 days back in 2020, I left the country voluntarily when I could. I have been banned for 3 years. I overstayed due to COVID 19, I was pregnant and  I was scared to traveling. I would like to understand what are my chances to come back in the USA as tourist after the ban will be over, if they will consider the reasons why I overstayed. 

Could I ask for a forgiveness ? 

If they make an exception for you, they would have to make an exception for everyone else who overstayed for frivolous reasons. Your ESTA is gone for good. During the height of COVID people were traveling back to their home countries without issue and pregnancy is not and excuse, pregnant women fly every day. I would wait out your ban and apply for a B-2, making sure to show very, very strong ties to home.