Overstay in the US and ESTA application
I went to the US last fall and due to sheer sloppiness I managed to stay 1 day too long (September 2 through December 1). Here is my confusion. It still says that my ESTA application is valid. Does that mean I am eligible to re-enter? If not, if I re-apply for an ESTA and it is approved, does that mean I'm eligible to re-enter? Or is it possible that my ESTA is approved and I'm still denied entry at the border?
Best Answer
It it indeed possible to have a current ESTA approval and still be rejected at the border. The border is always where the actual entry determination is made; ESTA itself just authorizes the airline to fly you to a port of entry so you can apply for admission there.
In fact, given that you have overstayed a VWP visit once, the rules as written say that you must be rejected if you try to enter under the Visa Waiver Program ever again. I suppose it is possible in practice for a border guard to bend the rules for you, but I wouldn't count on that happening at all.
You will need to apply for a visa if you want to visit the US again.
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Can I travel within the US if I overstayed my visa?
The answer to your question is Yes. You can travel on domestic and the risk is very little although present.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 to do if you have overstayed your visa in USA?
You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing). As discussed earlier, if you have any unlawful status and leave the United States, you will have to get a new visa, and you will face a bar upon your return.Do I need a waiver if I overstayed my visa?
Automatic Visa Revocation After Overstay of Any LengthThere is no waiver or forgiveness for this. But if you did, in fact, submit an application to USCIS for a change or extension of status before the departure date, and USCIS eventually grants it, none of your overstay will count against you.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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