Answering DS-160 "Have you ever been unlawfully present..." after a permitted ESTA overstay

[Mari_Justin 91]

Stuck on this question on the DS-160.

 

"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

 

My fiancé had to extend her stay by 2 weeks, back in spring of 2020 due to her flights being canceled. She reached out before her 90 days expired and was granted extension and left within that extension. She has been able to enter a couple times since then, one time she was forced to show her extension email because they didn't have it on file, or at least claimed they didn't. The other caveat is that ESTA is not actually a VISA. 

 

Any help here would be appreciated.

[Crazy Cat 41,834]

I don't think that her situation is an overstay since she received the extension.  However, an overstay is an overstay, even on VWP. 

[Chancy 6,241]

28 minutes ago, Mari_Justin said:

She reached out before her 90 days expired and was granted extension and left within that extension.

 

21 minutes ago, Crazy Cat said:

I don't think that her situation is an overstay since she received the extension.  However, an overstay is an overstay, even on VWP. 

 

Agree.  If the I-539 extension was approved, no overstay.

 

[Mike E 11,739]

2 hours ago, Mari_Justin said:

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

The answer is no.  

[Mari_Justin 91]

Thank you everyone for the input, much appreciated.