How can I visit the US after overstaying by 6 days over 10 years ago?
I overstayed my stay over ten years ago by 6 days by mistake. When I went again they denied me entry and told me I would have to apply for a B-1/B-2 visa and wouldn't be able to use the VWP. When I got back to London, I've applied for a visa a few times with relevant documents and have been denied. So what should I do?
When they denied me entry in the US they interrogated me for 8 hours then detained me in a cell. The next day I was escorted into a flight back to London.
What should I do? Will I be able to re-enter the US? Should I apply for an ESTA then a B-1/B-2 visa or just ESTA? I just want to visit my friends in the US and have a holiday.
Best Answer
What should I do?
As you've already applied for a B visa without success, you should try to figure out whether preparing a stronger application will help, and, if so, how to prepare one. We can't advise you about that because you haven't explained what your earlier applications were like, nor on what grounds they were refused.
Certain grounds of refusal would require you to apply for a waiver of inadmissibility. Without knowing why your applications were refused it is not possible to say whether this concerns you.
Your best bet is to retain a reputable US immigration lawyer, if you can afford one.
Will I be able to re-enter the US?
It may be possible, but it will be difficult.
Should I apply for an ESTA then a B-1/B-2 visa or just ESTA?
Anyone traveling with a B visa does not need ESTA. It is only needed by travelers using the visa waiver program. You do not qualify for the visa waiver program because you have violated its terms in the past. This disqualification is permanent, so there is not much point in applying for ESTA. Your only hope is to get a B visa.
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Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.Can you travel in the US after you overstayed your visa?
If you overstayed for less than 180 days, leaving the U.S. will not trigger any bars to reentry. And if you have a visa that's still valid, there's nothing to stop you from booking travel to the United States.What is the penalty for overstaying in USA?
a. The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.What happens if I overstay my visa waiver in us?
If the visitor accrues unlawful overstay under the Visa Waiver Program, the visitor will be permanently barred from the program. In order to travel to the United States thereafter, such individuals would have to apply for a visa at the U.S. Embassy and may face with the refusal of their visa application.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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Answer 2
You cannot get an ESTA, as you're ineligible for visa-free entry.
So you need to get the B visa, and attach any and all proof of your ties to where you live (proof of employment, family etc. along with a printed itinerary and return ticket).
Based on what you wrote, I'm going to assume they've kept refusing you because they simply don't trust you due to your previous overstay. "He overstayed once, why shouldn't he do it again?" Your documentation essentially needs to satisfactorily answer that question
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