Ban over

[Redro 4,611]

10 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 ? 

ESTA only gives you 90 days... COVID happened early February/March... what compelled you to not only overstay the ESTA but also stay for double the amount of time your ESTA gave you? You'll need to have a really good reason for that... pregnancy and fear won't be sufficient. 

I would concentrate on living your life and traveling to other countries. Maybe try for the tourist visa in a decade or so... 

 

[Eugenia16 0]

Thanks for your answers

obviously I am not asking for any exceptions, I haven't asked this in my post .

I am aware I have to wait the ban will be over, and as I have written before I will not apply for tourists visa right after.

I have 3 years ban, so this means I will have still some chances to visit the USA again, if not I  would have get a permanent ban.

I am not looking for an excuse... I was only asking what could happen after these 3 years.

I am aware I will need to apply for a tourist visa , my question was ,if during the interview for get this visa they will take in consideration the reasons why I overstayed, I have strong ties in my country,  I don't have reasons to stay in the USA.

I didn't asked for an opinion about what I have done back in  2020, but about the future application.

 

That's all.

 

Thanks anyway.

 

 

 

 

 

 

 

 

[Redro 4,611]

16 minutes ago, Eugenia16 said:

Thanks for your answers

obviously I am not asking for any exceptions, I haven't asked this in my post .

I am aware I have to wait the ban will be over, and as I have written before I will not apply for tourists visa right after.

I have 3 years ban, so this means I will have still some chances to visit the USA again, if not I  would have get a permanent ban.

I am not looking for an excuse... I was only asking what could happen after these 3 years.

I am aware I will need to apply for a tourist visa , my question was ,if during the interview for get this visa they will take in consideration the reasons why I overstayed, I have strong ties in my country,  I don't have reasons to stay in the USA.

I didn't asked for an opinion about what I have done back in  2020, but about the future application.

 

That's all.

 

Thanks anyway.

 

 

 

 

 

 

 

 

Your past overstay will inform the COs decision when you interview. 

You might be lucky enough to receive a tourist visa but you might not. 

 

One needs to keep in mind if one overstays 181 days or more you receive a ban and that ban stops you from entering on a non-immigrant or an immigrant visa. 

If you are applying for an immigrant visa after the 3/5 or 10 year ban is over, you do not require a waiver. And your overstay does not carry as much significance as you moving to the US not just visiting. 

 

If you are applying for a non-immigrant visa, the CO determines if you are at risk of overstaying again. This means the reasons behind overstaying in 2020 matter. 

 

ETA even though you were only banned for 3 years you could have a de facto permanent ban. 

Edited April 13, 2022 by Kor2USA

[African Zealot 1,455]

14 hours ago, Eugenia16 said:

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 ? 

From my knowledge in these matters, your chances are slim to none. Don’t get your hopes up. Despite that, the visa fee is just $160. It’s worth giving it a shot and try to be persuasive in your interview.

[Rocio0010 5,582]

10 hours ago, Eugenia16 said:

excuse... I was only asking what could happen after these 3 years

And several of us told you, you’re at the officer’s discretion. When we talked about “exception” we meant that usually, if you overstay and ESTÁ or a B1/B2 visa, even after the ban, it can be hard to get another one, especially when the overstay could have been avoided.

You can try though. But don’t get your hopes up.

[SusieQQQ 11,587]

On 4/12/2022 at 9:48 PM, Eugenia16 said:

Thanks for your answers

obviously I am not asking for any exceptions, I haven't asked this in my post .

I am aware I have to wait the ban will be over, and as I have written before I will not apply for tourists visa right after.

I have 3 years ban, so this means I will have still some chances to visit the USA again, if not I  would have get a permanent ban.

I am not looking for an excuse... I was only asking what could happen after these 3 years.

I am aware I will need to apply for a tourist visa , my question was ,if during the interview for get this visa they will take in consideration the reasons why I overstayed, I have strong ties in my country,  I don't have reasons to stay in the USA.

I didn't asked for an opinion about what I have done back in  2020, but about the future application.

 

That's all.

 

Thanks anyway.

 

 

 

 

 

 

 

 

The “opinions” about the past overstay may be exactly  the kind of thing the visa officer will ask about, actually.  They will do this as part of assessing whether any future overstay is likely - for example, what happens if you are again traveling while pregnant? I’m also curious (and the visa officer probably will be too) whether you took advantage of the special extensions they offered to ESTA holders during covid. Basically what you consider as special reasons and what the visa officer does may  - or may not - be the same thing. Final point, if your current ties to home are the same or similar as when you last traveled, it will not present a compelling argument against overstay,