Over stayed ESTA for more than 6 Month Forgiveness
I entered the United States with my ESTA (electronic system for travel authorization) from Chile last year legally. Before 180 days passed, I got married. We never submitted the adjustment status because my US citizen husband did not meet the requirements financially. After overstaying my ESTA and not being able to apply for a greencard (and other issues) we are getting divorced.
Now I want to return to my country but there will be a three-or ten-year unlawful presence bar according to my situation.
Is there any way I can submit a forgiveness or bar removal if I want to come back as a tourist or before I leave? Or before a deportation is issued?
I heard about I-601, Application for Waiver of Grounds of Inadmissibility but I don’t know if my case applies. I don’t know what to do and I’m still unlawfully in the US trying to find a way to fix my situation
Best Answer
If you fall in love with another US citizen and get married and do Adjustment of Status in the US, you wouldn't need a waiver because you wouldn't have a ban if you didn't leave the US, and you are eligible to do Adjustment of Status in that category even if out of status.
I-601 is the immigrant waiver, which would be needed if you left the US and later sought to immigrate but you are still within the period of a ban. If you seek to visit, you need a nonimmigrant waiver.
The process for a nonimmigrant waiver is that you would apply for a visitor visa at a US consulate in Chile, and if you are denied only due to the ban and not also due to immigrant intent, and if the officer recommends you for a waiver, they will show you the process to apply for it. But there is a good chance in your situation that you would also be denied for immigrant intent (for which there is no waiver) and/or the officer would not recommend you for a waiver, in which case you have no options.
Even after the ban is over, you would still have to apply for a visitor visa (you are forever ineligible for the Visa Waiver Program by overstaying it), and there would still be a good chance that you would be denied the visa due to immigrant intent, due to your history of overstay.
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What happens if you stay more than 6 months in USA?
If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years. This is because unlawful presence is one of the many U.S. grounds of inadmissibility, with built-in penalties.Can my US visa overstay be forgiven?
Can my U.S. visa overstay be forgiven? Yes, there are cases where the government will forgive your visa overstay, and you can obtain a waiver.What happens if you overstay on esta?
Cases of overstaying a period of stay in the U.S. by 180 or more days but less than one year are punishable by prohibition of travel to the U.S. for three years. Overstaying for one year or longer is punishable by prohibition of travel to the U.S. for 10 years.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.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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