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Unsure what Visa I must get now

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  • 16-01-2018 5:54pm
    #1
    seannash
    Registered Users Posts: 5,672 ✭✭✭


    Okay so a bit of background.
    I lived illegally in the USA for a number of years. I returned back to Ireland and got a job with an American company. After repeatedly batting away the offer of training in the US offices I finally applied for a visa last year.

    I filled the Esta out truthfully and got rejected (As expected)
    I appealed, made my case in the Embassy in Dublin and 6 months later I was granted a B1/B2 visa. Went to America last year with work and returned.

    I now have to return there for further training and I am unsure what Visa I must apply for. If I apply for the Esta I will not get it as I answer truthfully to the "Have you overstayed" question.
    If I apply for the B1/B2 I might have to wait 6 months.
    Any help is appreciated


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


    Was there an expiration date on the B1/B2? Did they cover multiple visits or were they for a single visit only? It's possible that they are still valid, especially if you got the visa(s) with the help of a letter from a US company.


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    #3
    circular flexing
    Registered Users Posts: 2,587 ✭✭✭circular flexing


    It should say on the visa itself under Entries either M for multiple entries or a number for number of entries. If it’s M then you are good to go until expiry date. If there’s a number then you may need to apply for a new one. It would be the same B1/B2 visa again.


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    #4
    seannash
    Registered Users Posts: 5,672 ✭✭✭seannash


    circular flexing wrote: »
    It should say on the visa itself under Entries either M for multiple entries or a number for number of entries. If it’s M then you are good to go until expiry date. If there’s a number then you may need to apply for a new one. It would be the same B1/B2 visa again.

    Apologies i only got to check my visa on my passport now.
    Its says the visa is expired last october.
    So what would i apply for now


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


    ESTA will suffice if you're only going for training, the key is that your employer here will continue to pay you. You'll still have to answer that question about overstaying but your history will show that you were recently granted a B1/B2 visa, travelled and returned so I can't see them rejectng a new application and they may even give you the ESTA there and then. Or (more likely) you won't get it immediately, someone will look at your application and it will be approved in a couple of days.

    If your previous trip was also for training, you probably didn't a B1 visa......

    All eligible nationals or citizens of VWP countries who plan to travel to the United States for temporary business or pleasure under VWP are required to receive an authorization through ESTA prior to boarding a U.S.-bound airplane or vessel.


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    #6
    circular flexing
    Registered Users Posts: 2,587 ✭✭✭circular flexing


    I'm open to correction here but I believe that any overstay on the VWP means you can't ever use the VWP again. I know the OP didn't indicate that it was the VWP that he overstayed on but chances are it was.


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    #7
    Tenigate
    Closed Accounts Posts: 849 ✭✭✭Tenigate


    Apply for another B1 visa.
    seannash wrote: »
    I appealed, made my case in the Embassy in Dublin and 6 months later I was granted a B1/B2 visa.

    Not really an appeal. You didn't qualify for a visa waiver so you applied for a visa.


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    #8
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    circular flexing wrote: »
    I'm open to correction here but I believe that any overstay on the VWP means you can't ever use the VWP again. I know the OP didn't indicate that it was the VWP that he overstayed on but chances are it was.
    Tenigate wrote: »
    Apply for another B1 visa.
    I appealed, made my case in the Embassy in Dublin and 6 months later I was granted a B1/B2 visa.

    Not really an appeal. You didn't qualify for a visa waiver so you applied for a visa.

    Can't argue with those points but I checked the ESTA and VWP FAQs and nowhere do I see anything about a lifetime ban on applying for ESTA approval for overstaying on a previous visit using the VWP. Given that you hold a passport from a VWP country, the only explicit ban I can see is for people who have visited certain blacklisted countries like Nth. Korea, Iran etc.

    For $14 I'd risk applying for the ESTA. They gave him a B1 visa and he complied with the conditions, why put him through the same process (visit to the embassy for a F2F interview) over and over for the rest of his life?


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    #9
    circular flexing
    Registered Users Posts: 2,587 ✭✭✭circular flexing


    coylemj wrote: »
    Can't argue with those points but I checked the ESTA and VWP FAQs and nowhere do I see anything about a lifetime ban on applying for ESTA approval for overstaying on a previous visit using the VWP. Given that you hold a passport from a VWP country, the only explicit ban I can see is for people who have visited certain blacklisted countries like Nth. Korea, Iran etc.

    For $14 I'd risk applying for the ESTA. They gave him a B1 visa and he complied with the conditions, why put him through the same process (visit to the embassy for a F2F interview) over and over for the rest of his life?

    https://help.cbp.gov/app/answers/detail/a_id/66/kw/overstaying%20esta/session/L3RpbWUvMTUxNjU2NjQ5NS9zaWQvZDZOVVVrRG4%3D
    4. What happens if I overstay my admission period?
    If you entered the United States on the Visa Waiver Program and stayed longer than the admission period granted by CBP at your time of arrival, you are no longer eligible for the Visa Waiver Program. You will require a non-immigrant visa for entry in the future. You can find visa information at www.state.gov.


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    #10
    SHOVELLER
    Registered Users Posts: 1,639 ✭✭✭SHOVELLER


    Actually that is not true. I overstayed twice and have got back dozens of times since as have others. As I have said here before it is all done on a case by case basis.

    Contact the US Embassy and explain everything to them.


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    #11
    Tenigate
    Closed Accounts Posts: 849 ✭✭✭Tenigate


    SHOVELLER wrote: »
    Actually that is not true.

    What's not true?


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    #12
    SHOVELLER
    Registered Users Posts: 1,639 ✭✭✭SHOVELLER


    No. 4 above


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    #13
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    SHOVELLER wrote: »
    No. 4 above

    This is post #4, what is 'not true' about it?
    seannash wrote: »
    Apologies i only got to check my visa on my passport now.
    Its says the visa is expired last october.
    So what would i apply for now

    When you say ...
    I overstayed twice and have got back dozens of times since as have others.

    after your overstay, did you get permission via ESTA for your 'dozens of' trips or did you have to apply for a visa each time?


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    #14
    SHOVELLER
    Registered Users Posts: 1,639 ✭✭✭SHOVELLER


    Number 4 not post and to answer your question got back in on ESTA every time until my work visa.

    4. What happens if I overstay my admission period?
    If you entered the United States on the Visa Waiver Program and stayed longer than the admission period granted by CBP at your time of arrival, you are no longer eligible for the Visa Waiver Program. You will require a non-immigrant visa for entry in the future. You can find visa information atwww.state.gov.


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    #15
    circular flexing
    Registered Users Posts: 2,587 ✭✭✭circular flexing


    SHOVELLER wrote: »
    Number 4 not post and to answer your question got back in on ESTA every time until my work visa.

    4. What happens if I overstay my admission period?
    If you entered the United States on the Visa Waiver Program and stayed longer than the admission period granted by CBP at your time of arrival, you are no longer eligible for the Visa Waiver Program. You will require a non-immigrant visa for entry in the future. You can find visa information atwww.state.gov.

    That's good for you. But the CBP rules clearly state that this is not the case and I wouldn't advise anyone who has previously overstayed on VWP just to rely on ESTA. There is now a question on the ESTA application about previous overstays (I don't believe this question was asked before).


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    #16
    SHOVELLER
    Registered Users Posts: 1,639 ✭✭✭SHOVELLER


    As I have said what the rules say and what happens can vary.
    Also said that best thing OP can do is to contact the US Embassy and explain everything.


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    #17
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    circular flexing wrote: »
    That's good for you. But the CBP rules clearly state that this is not the case and I wouldn't advise anyone who has previously overstayed on VWP just to rely on ESTA. There is now a question on the ESTA application about previous overstays (I don't believe this question was asked before).

    The rules can state what they like but there is nothing to stop the OP from spending $14 on an ESTA application. The US authorities have all of his history on file and they can decide to grant him ESTA approval or not. The fact that he overstayed previously means that it's almost certain that he will not get instant approval so someone will look at the application and either sign off on it or reject it.

    Why would you advise someone to 'not rely on ESTA'? If they grant him the ESTA knowing his history then I can't see him getting turned back at pre-clearance or in a US airport.


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    #18
    circular flexing
    Registered Users Posts: 2,587 ✭✭✭circular flexing


    coylemj wrote: »
    The rules can state what they like but there is nothing to stop the OP from spending $14 on an ESTA application. The US authorities have all of his history on file and they can decide to grant him ESTA approval or not. The fact that he overstayed previously means that it's almost certain that he will not get instant approval so someone will look at the application and either sign off on it or reject it.

    Why would you advise someone to 'not rely on ESTA'? If they grant him the ESTA knowing his history then I can't see him getting turned back at pre-clearance or in a US airport.

    I totally could see that happening. All ESTA is good for is getting you past the check in desk at the airport. At least if you get a visa, you can claim to have followed the rules as written by CBP. But anyway, OP can decide their own course.


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    #19
    SweetSand
    Registered Users Posts: 148 ✭✭SweetSand


    My friend overstayed years ago, she then got 10 years visa and used it few times to go on holidays. Last year her visa expired and she rang embassy in Dublin to see if she can just use ESTA. Whoever she was talking to at the embassy advised her to apply for ESTA online and if not successful - her only option would be to apply for another visa. She was denied ESTA and got her visa at the embassy no problem.


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    #20
    brendanwalsh
    Registered Users Posts: 988 ✭✭✭brendanwalsh


    You need to apply for another b1/b2 visa. Don't bother applying for esta. You are inelligible for life for visa waiver.


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    #21
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    brendanwalsh wrote: »
    You need to apply for another b1/b2 visa. Don't bother applying for esta. You are inelligible for life for visa waiver.

    Poster Shoveller says otherwise, got multiple ESTAs after an overstay.


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    #22
    seannash
    Registered Users Posts: 5,672 ✭✭✭seannash


    Thanks all,
    I feel another B1 visa is probably the way to go. Would that mean all visits would have to be business related.
    I got a serious grilling the first time i went over from immigration even with the b1.


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    #23
    coylemj
    Registered Users Posts: 25,438 ✭✭✭✭coylemj


    seannash wrote: »
    I feel another B1 visa is probably the way to go. Would that mean all visits would have to be business related.

    All of your trips don't have to be business related, you can apply for a B2 visa which covers leisure.
    seannash wrote: »
    I got a serious grilling the first time i went over from immigration even with the b1.

    Because it was your first trip since the overstay. Now that you have been and returned, you may find the path is smoother next time around.

    When you were applying for the B1 the last time, did anyone in the embassy tell you that you could never apply for an ESTA again?


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