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Filed: K-1 Visa Country: Wales
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Posted
Just now, SusieQQQ said:

But the prior overstay wasn’t on VWP, it was on J1.

Exactly 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Australia
Timeline
Posted
2 minutes ago, SusieQQQ said:

But the prior overstay wasn’t on VWP, it was on J1.


And no, you don’t get to decide that the clause is broader than they say lol. They specified VWP, so I assume that is what they mean. If they wanted to say any overstay they would have said that.

 

So I am still waiting for someone to produce something that says OP is ineligible for ESTA because if a J1 overstay. I agree it will likely be very difficult, but that is not the same thing.

My take .. @family has quoted 2 different info sections .. the first is in the VWP info about who CANNOT use VWP and it refers to overstaying on a visa.. no specific visa listed so I interpret that as all visas.. the second is an article specific to requesting an extension on a existing ESTA stay.. so it answers a specific issue but not to the exclusion  of other visa type overstays 

 

clear as mud? 

Posted
1 minute ago, Lil bear said:

My take .. @family has quoted 2 different info sections .. the first is in the VWP info about who CANNOT use VWP and it refers to overstaying on a visa.. no specific visa listed so I interpret that as all visas.. the second is an article specific to requesting an extension on a existing ESTA stay.. so it answers a specific issue but not to the exclusion  of other visa type overstays 

 

clear as mud? 

The first quote was not from an official website. It tries very hard to look like one, but it’s not.

Posted
38 minutes ago, SusieQQQ said:

But the prior overstay wasn’t on VWP, it was on J1.


And no, you don’t get to decide that the clause is broader than they say lol. They specified VWP, so I assume that is what they mean. If they wanted to say any overstay they would have said that.

 

So I am still waiting for someone to produce something that says OP is ineligible for ESTA because of a J1 overstay. I agree it will likely be very difficult, but that is not the same thing.

 

 

But as soon as I apply for ESTA and say "I overstayed" then it will be rejected.

Filed: Citizen (apr) Country: Hungary
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Posted
15 minutes ago, hoophead321 said:

But as soon as I apply for ESTA and say "I overstayed" then it will be rejected.

most likely, yes, worth a try, anyway, IMHO

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Filed: Citizen (apr) Country: Germany
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Posted

Applying for ESTA and getting denied won't hurt your chances further so if you have the money to spare try and see. If you get denied the ESTA then apply for a B2 and hope for the best.

Posted
32 minutes ago, hoophead321 said:

But as soon as I apply for ESTA and say "I overstayed" then it will be rejected.

Correct.   And you will need to divulge the overstay on any other visa application.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Let us say for argument your ESTA was approved, the game is not over, actually that would be the easy part. You still have to board the plane and get through the PoE.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
3 hours ago, hoophead321 said:

But as soon as I apply for ESTA and say "I overstayed" then it will be rejected.

That’s highly likely, as we’ve said. But a number of us would give it a try anyway because of the cost vs the benefit of doing so in the case that it isn’t is worth it. Up to you if you don’t even want to try.

Edited by SusieQQQ
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
13 hours ago, Boiler said:

Let us say for argument your ESTA was approved, the game is not over, actually that would be the easy part. You still have to board the plane and get through the PoE.

I expect a denial at the port of entry and an unpleasant one at that. OP might not even be permitted to withdraw application for admission. Instead I would expect a formal removal making it even harder to get a B visa.  
 

Just apply for a B visa after the ban is over.  

Edited by Mike E
Filed: Citizen (apr) Country: Russia
Timeline
Posted

I agree with @Mike E.  Ignore the VWP/ESTA, as even if it is approved, there is a big hurdle at the PoE.  Go for the B2, and outline all your current ties.

 

Good Luck!

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted (edited)
17 hours ago, Boiler said:

Let us say for argument your ESTA was approved, the game is not over, actually that would be the easy part. You still have to board the plane and get through the PoE.

Doesn't Ireland have pre-clearance at Dublin?  If denied there it would just be a cancelled ESTA, I think?

 

There is a poker phrase which I forgot the exact wording, but in essence it's comparing odds of winning versus the bet versus the amount in the pot -- "value bet"?  Let's say there is 1 in 5 chance of getting a winning card on the next round, the pot is $100, and the bet to call is $10.  1 in 5  chance vs 10 to 1 value, and therefore a value bet.  If the pot was $20 and the bet is $10, then the 1 in 5 chance outweighs the 2 to 1 value. 

 

Something that came to mind while reading this post. 

Edited by SteveInBostonI130
Filed: Citizen (apr) Country: Australia
Timeline
Posted
14 minutes ago, SteveInBostonI130 said:

Doesn't Ireland have pre-clearance at Dublin?  If denied there it would just be a cancelled ESTA, I think?

 

There is a poker phrase which I forgot the exact wording, but in essence it's comparing odds of winning versus the bet versus the amount in the pot -- "value bet"?  Let's say there is 1 in 5 chance of getting a winning card on the next round, the pot is $100, and the bet to call is $10.  1 in 5  chance vs 10 to 1 value, and therefore a value bet.  If the pot was $20 and the bet is $10, then the 1 in 5 chance outweighs the 2 to 1 value. 

 

Something that came to mind while reading this post. 

Only counter this thinking is the question about consequences /impact of being refused at POE. Could be worse than current situation .. 

 
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