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Overstay in USA by 6 days

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  • 01-05-2012 10:29pm
    #1
    mossybo
    Closed Accounts Posts: 4 ✭


    I overstayed my 90 day visa in 1994 by 6 days.I tried to travel to the Usa in 2004 but was failed immigarion at Dublin airport ?(I had no idea until then that I had overstayed it)

    I am now looking to travel to Disneyworld with my family early next year,
    should I apply for a full visa or an ESTA or both to help me gain entry?

    Could I be turned away again?


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    #2
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    mossybo wrote: »
    I overstayed my 90 day visa in 1994 by 6 days.I tried to travel to the Usa in 2004 but was failed immigarion at Dublin airport ?(I had no idea until then that I had overstayed it)

    I am now looking to travel to Disneyworld with my family early next year,
    should I apply for a full visa or an ESTA or both to help me gain entry?

    Could I be turned away again?

    I just scanned the ESTA questions and on the first screen there is a question:

    F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?

    To which you will have to reply 'Yes' so I guess you might be as well off applying for the visa.

    But.. you can apply for the ESTA anyway, they will probably defer the decision and they may contact you to sort things out. I doubt if they're going to permanently ban you from the US just because you overstayed back in the 90s for 6 days.


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    #3
    mossybo
    Closed Accounts Posts: 4 ✭mossybo


    Thanks,

    Was thinking of contacting the consulate to discuss,

    Somebody also suggested as a dual passport holder ie british and irish i could apply using my non refused passport!


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    #4
    RGDATA!
    Closed Accounts Posts: 1,324 ✭✭✭RGDATA!


    contact the US embassy in dublin for advice. Maybe that you're going on a family holiday will help your case, but US immigration will, without flinching, turn away even a family on their way to Disneyland.

    If you overstayed before, they still have a reason to as far as they're concerned, and they're unforgiving at the point of entry. If they do stop you, you haven't a chance of swaying them however much you plead about your holiday of a lifetime or point to your kids.

    Clear it with the embassy before you book anything. Also, be polite because you will probably be dependent on somebody giving you the benefit of the doubt


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    #5
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    mossybo wrote: »
    Somebody also suggested as a dual passport holder ie british and irish i could apply using my non refused passport!

    Not a good idea.

    Your name, place of birth and date of birth will be the same, they're not that stupid! You will probably get ESTA clearance using a UK passport but I'd not be too confident that you'll get past the official at the immigration desk.

    Since 9/11 they've been scanning passports at the point of entry so there is probably a log of your passport from 2004 showing that you were refused and the copy of your passport photo page on file will show that it's the same person so you will be refused again but this time you will be tagged as attempting to enter the US after making a false declaration, then you really will be banned for life.


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    #6
    InTheTrees
    Registered Users Posts: 9,900 ✭✭✭InTheTrees


    mossybo wrote: »
    Was thinking of contacting the consulate to discuss,

    This is probably the best idea.

    Get it all cleared up with the americans before going near the airport. or even booking tickets.

    They're actually pretty reasonable and if you talk to them and explain I really think it'll be easy.

    You could also talk to a Lawyer that specializes in US immigration law. There's got to be quite a few of them around.


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    #7
    LorcanShannon
    Registered Users Posts: 3 ✭LorcanShannon


    If you overstay on the ESTA / Visa Waiver Program, you are prohibited from using it again. You will need to obtain a B-2 visa for future vacations in the U.S.


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    #8
    erin608
    Registered Users Posts: 1 ✭erin608


    I have a similar situation:

    I overstayed my ESTA last fall (2011) with 2 days, I was in the country from Aug 30 -Dec 1st by a mistake (didn't NOT intend to do so, and was not aware). I was in the country to travel and visit friends from college.

    I came back to the U.S. on February 28th 2012 and was taken in to a two hour long interrogation at the border control when I landed in the U.S. where I was told that I had lost my ESTA for the rest of my life. I was first told that I was gonna be sent back immediately. But after telling them my story they let me stay for another 3 months and I left the country after 85 days (in May 2012). I guess its positive that they let me stay, but I am SO nervous for my next trip!

    I have now gotten an internship from January 2013 and I'm applying for an A2 visa. During the application process I get the question: "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?". WHAT do I write here in order to not be refused re-entry? How does my situation look? I appreciate all help!


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    #9
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    erin608 wrote: »
    I have now gotten an internship from January 2013 and I'm applying for an A2 visa. During the application process I get the question: "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?". WHAT do I write here in order to not be refused re-entry? How does my situation look? I appreciate all help!

    If you ever want to go to America again you complete all US immigration paperwork truthfully. In your case you have to answer yes. That won't guarantee that you'll get this visa, but it gives you a better chance than a lie does (they'll investigate your anyway so no point in trying to hide it).


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    #10
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    You write yes. The fact that you are truthful will help (and they know anyways...), plus the fact that you were let in after the overstay and did not overstay again gives you a very good chance for the visa.


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    #11
    spideog7
    Registered Users Posts: 1,230 ✭✭✭spideog7


    Get travel insurance (might cover the flights if you're denied entry).
    Fly directly from Ireland to the US so you can clear immigration in Ireland, they are typically in a better humour plus if you do get denied entry at least you won't have to fly all the way there and back again.
    Get your visa from the embassy but remember that this still doesn't guarantee that you'll be let in. Fly on a weekday so that the Embassy is open, I know someone who got denied entry for an overstay, then got a visa the next time to be above board but the official at the airport wanted to contact the embassy to clarify something, unfortunately it was a weekend and they couldn't so they just turned him away.


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    #12
    trodsky
    Closed Accounts Posts: 110 ✭✭trodsky


    I overstayed by 4 years and had no problems getting back in


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    #13
    kmart6
    Registered Users Posts: 15,172 ✭✭✭✭kmart6


    trodsky wrote: »
    I overstayed by 4 years and had no problems getting back in
    That would have to have been pure look of the draw!


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    #14
    Diddler1977
    Registered Users Posts: 3,765 ✭✭✭Diddler1977


    trodsky wrote: »
    I overstayed by 4 years and had no problems getting back in

    But did you declare your overstay on the ESTA?


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    #15
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    spideog7 wrote: »
    Get travel insurance (might cover the flights if you're denied entry).

    No way will travel insurance cover that. In any event, if you land in a country and are refused entry, the airline that brought you there has to take you home.


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    #16
    rockonollie
    Registered Users Posts: 1,626 ✭✭✭rockonollie


    erin608 wrote: »
    I have now gotten an internship from January 2013 and I'm applying for an A2 visa. During the application process I get the question: "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?". WHAT do I write here in order to not be refused re-entry? How does my situation look? I appreciate all help!

    Best thing in this situation is to be honest with them, stating that you overstayed by 2 days while on the WVP/ESTA.

    They don't lose those records, so if you do a visa application and don't disclose your past infractions, they will refuse your visa. Disclose the information and they will ask for an explanation......seeing as it was only a couple of days and seems to be in error, they most likely won't deny your visa because of it. Once your interview is over, it would be worth asking them about future trips to the US, I would think that because of the overstay you will need to apply for a holiday visa each time. Any overstay on your record makes you ineligble for ESTA unless you are told otherwise.


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