Overstayed visa J1, now coming back for vacations (2 weeks)
I am a French national and I have done 2 consecutive J1 stays (1 year each). The first one was fine, and during the 2nd one I overstayed for about 1 month.
Now, 2 years later, I want to go back to the US as a tourist for 2 weeks. I've applied for an ESTA and it was approved (this is the first time I will use an ESTA to go to the US).
Will I be automatically denied entry at the border or will I be able to do my 2-week vacation? (I will attend a friend's wedding).
Response to comments
- Yes, I overstayed (1 month after the grace period).
- My online record (if you are talking about https://i94.cbp.dhs.gov) shows correctly the dates but does not indicate anywhere on the website that I have overstayed (no 'OVERSTAY' button or anything).
Best Answer
Will I be automatically denied the entry at the border
Yes immediately, that is if they catch it. Now if they don't catch it and allow you to enter a zealous immigration officer one day will say you committed fraud/misrepresentation at the time of entry because you knowingly entered with an automatically void ESTA and that comes with a lifetime bar to entry.
The person will be barred from admission for the rest of his or her life unless the person qualifies for and is granted a waiver.
Even if the issue of fraud/misrepresentation is overlooked, you would be viewed to have accrued unlawful presence from the day you entered because you were deportable as at the time of entry.
Heck you can actually be imprisoned (not just deported/refused entry) for attempted illegal entry.
Basically just don't do it, apply for a visitor visa and be truthful.
How would my eligibility for a travel authorization via ESTA be affected if I was previously denied a visa, previously denied an immigration benefit, or previously committed an immigration-related violation? If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.
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Will I be able to reenter the US if I overstay my tourist visa?
If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. 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.Can I reenter the US after overstaying?
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 I leave the country if I overstayed?
Visas allow travelers to stay in another country for a certain period of time before they must leave. Those who overstay their visa and remain in the country will usually face consequences and possibly prosecution by local immigration authorities.How long can I stay in the US after my J-1 visa expires?
Grace Period: J-1 Visa Holders have a 30 day grace period after the end date on their DS-2019 Form. The Grace Period is a benefit of the J-1 status to allow J-1 visa holders time after their status to remain in the US.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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