Overstayed VWP, what to do? [closed]

My situation is as follows: in 2013 I entered the US through Mexico, I'm a national of some western European country. I was visiting Mexico, then crossed to the US by land (not flying), so I didn't really use the ESTA, but they gave me some visa waiver little paper in my passport, valid for 3 months. I overstayed until now. I have been reading that the only way people who used ESTA can fix their situation is through family visas, and I can't contest any attempt of deportation because in the ESTA I declared that I wouldn't. My question is: would it be different since I entered by land? I think it worked with the I94 module. My girlfriend is from Mexico and visits me with her visa, but marrying her won't solve the problem because neither of US is a US citizen/permanent resident.

Thanks.

Best Answer

would it be different since I entered by land?

No. It is not different because you entered by land. ESTA is just an authorization program to pre-screen visitors to the US who intend to enter using the visa waiver program (VWP) before they board an aircraft or cruise ship. The legal status of a VWP visitor does not depend on the mode of transportation, however, or on whether they used ESTA.

I think it worked with the I94 module.

The I-94 is an arrival/departure record. ESTA travelers have them. B-2 visitors have them. Non-immigrants who reside in the US for years and years have them. Most people's I-94 records are purely electronic (unless the person chooses to print it out), but legally it's no different from a paper I-94. The fact that you had an I-94 doesn't change the fact that you were admitted under the VWP any more than does the fact that you had no ESTA.

If you're looking for an assessment of your current situation, you may want to talk to an immigration lawyer, but it's quite bleak.

As you know, your presence in the US is unlawful.
Because you have overstayed by more than 180 days, you will be banned for ten years from the date when you leave.
Because you did not comply with the terms of the VWP, you may not use the VWP again.
Future visa applications will have much lower chances of success because of your history.

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Can an 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 your 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.

What can I do if I overstayed my visa?

If you entered the United States legally and overstayed your visa, and your green card sponsor is a U.S. citizen, you can apply for Advance Parole. You'll be able to go abroad and return to the United States without facing re-entry bars.

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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