Overstaying on a US Visa Waiver Program [duplicate]

A friend of mine came from Australia on the WVP and stayed 92 days. I made a mistake booking Her flight scheduling a Saturday arrival/departure at DFW. This amounted to a 92 day stay and with no funds to rebook a low cost flight through Qantas it was necessary to leave on the scheduled flight.

Question # 1) Was a automatic I-94W submitted by the airlines? She had no customs forms to fill out upon departure.

Question #2) How does this effect another WVP being issued if applied for?

Best Answer

1) Yes. Reporting is all automated. The airlines notify the US government when the person left the country, which is then matched against the record created when they entered and passed through immigration.

2) Your friend is no longer eligible to use the Visa Waiver Program. One of the conditions of the VWP is that you must have "complied with all conditions of any previous admission under the Visa Waiver Program", which your friend has not done.

In order to enter the US your friend will need to obtain a Visa. Normally an overstay on a previous visa would make obtaining a visa difficult, however I would expect that a 2 day overstay would likely not be considered serious enough to deny a visa application - although at the end of the day it's completely at the discretion of the official carrying out the visa interview.

The good news is that short overstays do not trigger any mandatory baring from the US. If your friend had overstayed more than 180 days, they would have been automatically bared from entering the US for 3 years. Over 1 year, and the bar is for 10 years.

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What happens if you overstay Visa Waiver Program?

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.

How does the US know if you overstay your visa?

Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.

Can an ESTA overstay be forgiven?

There 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.

Can I apply for adjust of status if I overstayed my visa?

Yes, you can apply for a green card if you overstayed a visa. 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).

What is a Visa Overstay? Consequences and Solutions to Over staying a Visa

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