Will I have trouble getting a B1/B2 visa after overstaying my ESTA by 1 day?
So, I overstayed by chance 1 day on ESTA in 2014. I traveled back to USA on ESTA in 2015 but at the entrance they informed me of previous overstay which I was unaware. I did not have to pay the 600$ penalty and was allowed in country.I guess I can not travel on ESTA anymore.
Has anybody had similar experience?
I want to go back now on B2 visa for a short visit. Will I have trouble getting it? My husband is USA citizen but that does not change much I guess.
Best Answer
Nobody knows if you may or may not have trouble for overstaying your ESTA by one day when going for a visa. According to the law strictly, you cannot use ESTA again.
From you discussion in the chat, apparently you were given a gratis/fee-free visa at the airport to enter via a I-193.That is very unusual since you imply you are not a legal resident of the USA and I-193's are:
For an alien who is a legal resident of the United States to reenter the United States without the alien's passport and/or visa.
Overstaying for one day does not attract a ban per INA ยง 212(a)(9)(B) and/or make you inadmissible.
Under section 212(a)(9)(B) of the Act, an alien is inadmissible if the alien has accrued a specified period of unlawful presence, leaves the United States after accruing the unlawful presence, and then seeks admission during the period specified in (either 3 years or 10 years after the departure, depending on the section 212(a)(9)(B)(i) duration of the accrued unlawful presence).
Is it a black mark against you? You bet! The consular officer may choose to ignore it or use it to deny you a visa at his discretion.
Typically your husband being a US citizen makes it less likely you will get a non-immigrant visa, unless you demonstrate you guys together live outside the USA and you have no immigrant intent. It does appear you have an unusual case/profile and have previously overcome that challenge/disqualifier. Go ahead and apply for the B2 visa and update your question with the result.
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